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.

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.

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.

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.

My father has been charged with DUI in Houston, Texas. This is his first DUI offense and obviously, we want to help him win his DUI case. Is there a way to beat a DUI charge?

Olson

Houston, TX

There are many ways to beat or win over a DUI conviction, even if your father had blood alcohol content (BAC) over the legal limit. An experienced DUI lawyer in Houston, Texas will look at multiple methods to attack the charge. First, the DUI lawyer should look at the stop itself or when your father was asked by police officer to pull over. An officer must have at least reasonable suspicion to make a stop on the highway. A good DUI lawyer would look at all the circumstances surrounding the stop of the vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.

If your father performed a standardized field sobriety test (FST), that test should be scrutinized for mistakes by the officer, and if he has taken a Breathalyzer, then that machine and its operation must be analyzed completely. From lack of probable cause to make an arrest, or reasonable suspicion to make a stop, the police officer not conforming with all the rules regarding breath tests or performing FST’s inaccurately, there are many ways to beat a DUI charge.