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.

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 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.

Luckily for me, I have never been caught drunk driving here in Houston, Texas. I know many people who have been charged with DUI. I hope the same thing will not happen to me because I know it would cost me a lot of time, money and effort. But if ever, what will the police officer ask me if I will be stopped for DUI suspicion?

Dennis

Houston, TX

When you are caught by a police officer for a DUI suspicion, a chain reaction of legal steps ensues. Drunk driving in Houston, Texas is a serious offense. The state of Texas requires blood alcohol content (BAC) of drivers to be .08% or less. Texas also has harsher punishments for drivers with extremely high BAC levels over .15 percent.

Generally, if a police officer stops you for DUI suspicion, you will be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. There are several testing options exist including breath, urine and blood tests. The state of Texas has implied consent law about sobriety tests. That means that if you get behind a wheel, are implying consent to take an alcohol test on the spot if requested. You, as a driver, usually have choice of tests. Breath testing is easier to challenge for accuracy than blood tests but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a BAC level over the limit, the police officer will probably take you into custody at the local police station. It is likely someone will have to pick you up or you will have to sleep overnight at the station to sober up, depending on your previous charges.

At this point, you will need an assistance of a qualified DUI lawyer in Houston, Texas to make sure that you know all the available options on your DUI case if ever you will be charged with one in the future.