Posts tagged Police Officer
DWI Arrest Houston Texas
Sep 28th
Reader’s Question:
I was once stopped by police officers in Houston, Texas for erratic driving. I stopped and explained that I have faulty brakes at the time and looking for the nearest auto repair shop. Still they wanted me to submit to a Breathalyzer test but I refused. What consequences may arise for these kinds of situation?
James
Houston, TX
There may be a lot of instances that a suspected drunk driving may lead to an arrest for DWI. One term being used is what we call “Probable Cause”. If a police officer noticed that you are driving erratically, he can ask you to pull over to check for signs of drunk driving. If his reasonable belief has been justified by physical evidences (such as booze bottles inside your vehicle), he may then ask you to prove that you are not under any kind of substance and alcohol influence. He may first ask you to take tests like walking a straight line. If his suspicions are still strong, they may even ask you to take a breath analyzer test. Refusal to do so may possibly lead to an arrest based on facts and circumstances.
There had been strict law enforcement with regards to safe driving Houston, Texas. There had already been a long debate as to speed limits, alcohol and breath tests just to maintain road safety. So in case you get pulled over by a police officer for a reasonable cause such as over speeding, possible drunk driving and the likes, I suggest you hire a lawyer who is expert in defending road offenses such as DUI. I also recommend getting an affordable auto insurance carrier that would not beat you hard for such troubles.
DWI Walk And Turn Test Houston Texas
Sep 17th
Reader’s Question:
I was lucky enough not to have been charged with DWI after being pulled over a few days ago here in Houston, Texas. During the stop, I was asked to do some tests like walking on a straight line among other things. I knew that the officer was looking for a clue that I was intoxicated, if he found at least one clue, will I be charged with DWI then?
Larry
Houston, TX
DWI lawyers in Houston, Texas usually see the walk and turn test offered with only an imaginary line. It would be difficult to tell that the test would be hard without the studies. DWI lawyers would also commonly see their clients who were ordered to stand heel to toe while the instructions are delivered. Standing in this unnatural pose for one minute while listening to a police officer for important instructions may be more challenging than intended.
It is generally common for a police officer to identify one (and only one) clue would seem to indicate probable impairment. An example is that a police officer would generally say that a DWI suspect “stumbled on the turn.” But according to the National Highway Traffic Safety Administration (NHTSA) Study, this would amount to only one indicator of impairment and does not show that the accused is probably impaired.
DWI Breath Test Refusal Houston Texas
Aug 29th
Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
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.
Houston DUI – Arraignment and Motion to Suppress?
Aug 9th
Reader’s Question:
I just recently had the arraignment of my DUI case here in Houston, Texas and I pleaded not guilty so the case will continue. Would all be the evidence against me on my drunk driving arrest automatically be admissible in court?
Grant
Houston, TX
When the prosecution begin to prepare their DUI case against you in Houston, Texas, they start by collecting all the evidence that supports their claim that you were really driving under the influence. But just because the prosecutors have collected it and want to present it at trial does not mean that it is automatically admissible. There are actually strict legal requirements that determine whether a piece of evidence can be presented at trial. A very important part of making your DUI case is arguing that the evidence that the prosecution wants to present at trial does not meet these requirements and therefore cannot be used against you.
Your DUI lawyer can formally request for motion to suppress to ask the court to exclude certain evidence from a trial because it was obtained illegally or improperly by the police officer. An example is that your DUI lawyer can argue that the officer did not have probable cause to pull you over. Suppression motion would argue that the officer’s belief that you were drunk driving was not “reasonable.” That means that the officer’s justification for your DUI stop should be something he actually saw. If motion to suppress will be successful, all the evidence that was made possible by pulling you over can also be suppressed.
Houston Texas DUI Arrest – Should I Answer Police Questions?
Aug 6th
Reader’s Question:
It might be scary to get arrested for DUI especially if you don’t know what to do when you’re already there. If I will be stopped for DUI suspicion here in Houston, Texas, do I have to answer the officer’s questions and can I refuse a search of my vehicle?
Madisen
Houston, TX
If you will be stopped for DUI suspicion in Houston, Texas, the first thing that the police officer would do is to ask for your license and registration. At some point after the officer do that, he/she will ask you if you have consumed any alcoholic beverages. It would be perfectly within your legal rights to politely refuse to answer the questions. The police officer could still decide that he/she has enough reason to arrest you, but simply refusing to answer the question is not reason enough. But the downside in refusing to answer the officer’s questions is that you would look suspicious, that is why, if you have not had anything to drink, the best idea is usually to simply say so.
Regarding your question on refusing a search of your vehicle, you have the legal right to do so. The officer could not arrest you simply for refusing to consent to a search of your vehicle. But in some limited cases, your car can be searched without your permission or a warrant so long as the officer has probable cause to believe that you have committed a crime. Do not resist even though you think that what the officer is doing is illegal. It could not be used at trial if the officer illegally obtains evidence against you.
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.
Can The Smell of Alcohol Be Enough in Houston DUI Arrest?
Jul 30th
Reader’s Question:
I have read an article that alcohol may not be detected by merely the smell of it. If that is the case then, can we say that the odor of alcohol is not enough for DUI arrest in Houston, Texas?
Shanice
Houston, TX
Yes, the odor of alcohol is really not enough for a DUI arrest in Houston, Texas. A study shows that police may not be able to detect the odor of alcohol on the breath of motorists who are pulled over for investigation. The smell of an alcoholic beverage on the breath of a motorist is very often used by police to create reasonable belief that the person has alcohol in his/her body. A police officer who forms this kind of belief can demand that the person provide a sample of breath into a portable breath test (PBT) device. A person who registers positive on the PBT would be arrested for DUI and taken for breath tests to find out the amount of alcohol in his or her system.
In a recent study, 20 experienced police officers were asked to detect the odor of an alcoholic beverage on the breath of 14 subjects who had blood alcohol content (BAC) that ranges from .00 to .13%. The drinking subjects were not seen in the experiment. The odor of an alcoholic beverage was detected in 2/3 of the subjects for BACs that are below .08%, and 85% of the time when BACs exceeded .08%. The police observers were less successful in detecting the odor of alcohol after food consumption by the drinking subjects. Moreover, the officers were unable to recognize what type of beverage was consumed and it was found that the strength of the odor as noted by police doesn’t have correlation to BAC levels.
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