Posts tagged Field Sobriety Tests
Would It Be Cheaper To Plead Guilty To DUI in Houston Texas?
Aug 22nd
Reader’s Question:
Is it true that is more costly to defend a DWI case than to plead guilty? If that is the case, will it be better if I just plead guilty to my DWI case in Houston, Texas?
Damian
Houston, TX
Sure it is more costly to defend a DWI case than to plead guilty but you have to keep in mind that so much is at stake which includes considerable penalty fees. This is the reason why the possibility of winning your DWI case in Houston, Texas should not be just dismissed; and it could cost less than you think.
Assuming your DWI case could not be won and just pleading guilty is the biggest mistake that you could do for yourself. Even some DWI lawyers commit this mistake and advise their client to plead guilty after getting the test result and the police report. But you need to know that the breath test, other chemical tests and the field sobriety tests all have potential built-in flaws and these flaws could make the difference in defending your DWI case. An example is that the results of a breath test can be challenged through a Motion to Suppress, with cross examination of the police officer or expert witness or evidence of your sobriety. Considering all these facts, it would not be better for you to just plead guilty on your DWI case.
What Are The Common Houston DUI Field Sobriety Tests
Aug 1st
Reader’s Question:
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.
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.
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