No. It is unreliable evidence that may be used against you at trial.
During a DWI Investigation, an officer certified to conduct Standardized Field Sobriety Tests may request a citizen to do three roadside tests. These tests are NOT pass or fail. The citizen’s performance only gives the officer clues in his subjective opinion as to possible intoxication. These standardized tests are approved by the National Highway and Transportation Safety Association (NHTSA) and must be conducted in the same manner every time. Any variation of these tests invalidates the entire test.
- The first test is the Horizontal Gaze Nystagmus Test (HGN).
- The second test is the Walk & Turn (Walk the line).
- The third test is the one leg stand (Hold one foot 6 inches above the ground and count out loud to 30 or until the officer tells the citizen to stop).
Unless given consent, a police officer may not search your vehicle prior to an arrest unless the officer detects an odor of marihuana.
No-refusal does not mean no-refusal. It means that when you do refuse to consent to a breath test or a blood draw, the Government must apply for a Search Warrant to draw blood from you. Let them get a warrant.
During a DWI Investigation, law enforcement will confiscate a citizen’s driver’s license and mail it to Austin. Hire a lawyer to assist you with these license issues.
Everyone has a legal right to representation when being questioned by law enforcement. Ask for your lawyer. Have my number in your cell phone. (713) 201-6767.
Citizens should cooperate with law enforcement to the extent that it does not infringe on their Constitutional Rights. A citizen may step out of his/her car when asked to do so, but is under no obligation to perform Standardized Field Sobriety Tests.
Everyone has a Constitutional right to Remain Silent. Exercise it.
Intoxicated means having loss the normal use of your mental and/or physical faculties – the question be-comes, what is normal for you? An officer forms a subjective opinion on the street and usually has never en-countered this person prior to this incident;
Driving While Intoxicated – operating a motor vehicle in a public place while intoxicated.
DUI is Driving Under the Influence and relates to citizens under the legal drinking age of 21.
- Call your lawyer and schedule an appointment.
- Shower, eat and get some rest so you are clear headed when consulting with your lawyer.
- Bring all of your paperwork with you to see your lawyer, including any “DIC” Forms provided regarding a breath or blood test and a temporary driving permit.
- Write down some notes about the day of arrest, the timing of events and anything else that may be important to remember while consulting with your lawyer.