Posts tagged Dui Defense Lawyer
Should You Perform a Houston Field Sobriety Test?
Jul 25th
Reader’s Question:
My daughter has been arrested for drunk driving in Houston, Texas. She was asked to perform field sobriety tests and she failed them. I was told that these tests do not accurately determine driver impairment. Can she use this as a defense?
Madison
Houston, TX
Yes, it’s true, field sobriety tests (FST’s) do not accurately measure the driver impairment for probable cause to support an arrest for DUI. So your daughter can use that as a defense in her DUI case in Houston, Texas. Many researchers observed that FST’s determine balance, reaction time and steadiness but concluded that a connection between these factors and driving ability was not apparent. That’s because neither a simple movement time nor steady stance is essential to the safe operation of a motor vehicle. The researchers conceded that FST’s may show the presence of alcohol but did not necessarily measure driving ability.
In general, police officers do not give the FST’s uniformly and there is no scientific basis for assuming these tests are valid. Many of these officers either improperly instruct the suspect driver on how to perform the tests or administer the wrong tests. A DUI defense lawyer can obtain a pre-trial suppression ruling to exclude the FSTs and their alleged indication of impairment due to lack of improper instructions and scientific foundation.
Hiring a Houston Texas DUI Lawyer
Jul 19th
Reader’s Question:
My sister has been charged with DUI here in Houston, Texas. We have not decided whether or not we will hire a lawyer because my sister said that she can get out of this on her own. How important is having a lawyer in cases such as this?
Lindsay
Houston, TX
Often times, the importance of retaining a good DUI defense lawyer if arrested for driving under the influence is being overlooked. Since she was charged with DUI in Houston, Texas, the magnitude of having a good DUI lawyer on your sister’s side equals that of having the best doctor trying to save her life. Of course, a DUI conviction is not a matter of life or death in its literal sense, but a DUI conviction or guilty plea would definitely affect her life.
If your sister will be convicted for DUI, the most obvious effect on her life by is the punishment. Depending on whether she is guilty of a misdemeanor offense or a felony DUI offense, she would pay a fine, potentially lose her license to drive, possibly serve some sort of community service, and maybe serve some time in prison. Not to mention the fact that in Texas, the punishment escalates if the person is convicted of a DUI-related offense for the second time within a certain time frame.
These are just some of the possible consequences that your sister might be facing if she will be convicted for DUI. So, she has to think hard about the importance of having a DUI lawyer on her side.
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