I have been helping my brother through his DUI case in Houston, Texas for months now. I’ve done a good deal of research on this and I know that police officers are supposed to do tests on you on the spot if you’re suspected of DUI like the breath test. My brother says it took about more or less an hour for the police officer to do a breath test. Can this affect the accuracy of their charge against my brother’s case?

Frances

Houston, TX

You’re right to suspect the inaccuracy of the tests used for DUI arrests especially on how they’re applied. The breath test, the most common test that people take once they are taken to the police station, is already highly susceptible to error. If this test is not taken immediately or the timing was inaccurate, then it will not accurately measure the blood alcohol content and this can turn the tide on your brother’s DUI case. There are a lot of instances like this, especially in densely populated areas such as Houston, Texas, where the accuracy of the breath test alone has been the factor for judges to dismiss DUI cases.

For example, most testers assume that your normal breath temperature should fall on a certain level but studies have shown that some people can have higher breath temperatures due to many other factors that may not have anything to do with being intoxicated.

Your metabolism also plays a big role in how fast it absorbs and gets rid of the alcohol in the body, a slower metabolism means that you can still fail the breath test even if it’s been hours since your last bottle, this can be helpful in arguing your brother’s DUI case if you suspect him having slow metabolism. One should not be tested within 15 minutes after vomiting, hiccupping or belching since these increases the amount of alcohol in your breath. Dentures can trap the alcohol in your mouth too. I suggest you get a good idea if your brother’s using any products or medications that can have other chemical compounds that can come up as alcohol since the tester only detects part of the alcohol molecule called the methyl group and this can inflate the result of the test to your brother’s disadvantage.

I have to be cautious now because I often drink and drive on a Friday night but I don’t wanna be charged with DUI. In a DUI case, what are the different field sobriety tests? If I will be caught drunk driving here in Houston, Texas, must I submit to these field sobriety tests and breath test?

Shana

Houston, TX

If a police officer pulls you over on suspicion for DUI in Houston, Texas, you can refuse to take the field sobriety tests if asked to because these tests are voluntary in the state of Texas. The standardized field sobriety testing model is created by the National Highway Transportation Safety Administration (NHTSA) which consists of the One-Leg-Stand Test, the Horizontal Gaze Nystagmus (HGN) Test, and Walk and Turn (WAT) Test. These field sobriety tests could be critical pieces of evidence in DUI cases if breath or blood tests have been found unreliable and suppressed, or if there was a refusal to take a breath test or blood test. But in other DUI cases, these tests could not have much bearing.

On the other hand, you must not refuse to take the breath test because that will lead to automatic suspension of your driver’s license and it could also be used as presumptive evidence against you and could carry additional civil or criminal sanctions.

My sister was charged with DUI here in Houston, Texas. She is not decided whether or not she will hire a DUI lawyer. If she decides to do so, what are the things that she should be careful about? She does not have much money so she will need a rather cheap dui lawyer

Tim

Houston, TX

Since your sister was charged with DUI in Houston, Texas, it would be of big help for her to defend her DUI case if she will hire the services of a DUI lawyer. But in doing so, there are certain things that she should always remember in thoroughly choosing a DUI lawyer. This also involves some things that she should be careful about when dealing with lawyers.

One of the things that your sister should be careful about is the “sweet-talker” because this type of lawyer would entice her to believe on the good results with regard to her DUI case. More often, these lawyers may only be after the retainer’s fee or the acceptance fee your sister would give them. One other thing that your sister should be careful about is the over-extended lawyer. This type of lawyer handles too many DUI cases so he/she may not have the time to effectively handle your sister’s case. The fee that the lawyers quote their client is also something that your sister should take note of. Keep in mind that those who charge too high or too low may have other motives that you could suspect.

• Who am I going to be represented by in a court of law? Essential to your decision is the experience, pricing, and compatibility of the lawyer you will be working with, so that is the person you need to be meeting with. If the person you ARE meeting with says you will be referred to another lawyer, then you need to request a consultation with that lawyer. If that isn’t possible, bye bye.
• Be demanding about experience. You need details. Ask for the number of years your lawyer has been practicing law, and when they started on DUI cases. Do they defend DUIs full time; if so, for how long; if not, what percent of their defense is on DUI?
• Do the two of you come together on money things? Are they charging within the realm of what you would consider reasonable? Do they have options for payment plans or deferred payments? Get it on paper!

You may not need to, but probably still should, hire a Houston DWI attorney if…

• you just don’t get it. You need someone to be able to sit down with you and point out and explain DUI law and what it means in the context of your case. You need to have a clear idea of the consequences of your actions so that you can prepare.
• you work at a job which has a bonding requirement
• you are working and studying to get a professional license which you wouldn’t be allowed to get with a criminal conviction
• you would lose your job if you got a DUI

• A Houston DUI lawyer knows DUI law and, knowing that, has a better position to help you come to an understanding of it. If you’re on your own, you could find yourself learning too much of the wrong thing, but a lawyer can introduce you to specific parts of the law which apply to you and thus make you see what you’re facing so that you can prepare for the worst and hope for the best.
• A lawyer can handle the small stuff which is easy to forget during the stress and can mess your case up if you do forget. Paperwork, scheduling, phone calls, and so on.
• A lawyer is able to be your representation in trial court and defend your case in a way that can help you get less consequences.