Attorney-At-Law
Defending Complicated D.W.I
& Vehicular Homicide Cases
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FREQUENTLY ASKED QUESTIONS |
1)What do police officers look for when trying
to find drunk drivers on the roadway?
The following list of clues indicate what police look for when trying to
establish whether the driver being observed is impaired. The higher the clue is
on the list, the higher the probability of impairment. The list is based on
research by the National Highway Traffic Administration:
* (1) Turning with a wide radius
* (2) Straddling center of lane marker
* (3) "Appearing to be drunk"
* (4) Almost striking object or vehicle
* (5) Weaving
* (6) Driving on other than designated highway
* (7) Swerving
* (8) Speed more than 10 mph below limit
* (9) Stopping without reason in traffic lane
* (10) Following too closely
* (11) Drifting
* (12) Tires on center or lane marker
* (13) Braking erratically
* (14) Driving into opposing or crossing traffic
* (15) Signaling inconsistent with driving actions
* (16) Slow response to traffic signals
* (17) Stopping inappropriately
* (18) Turning abruptly or illegally
* (19) Accelerating or decelerating rapidly
* (20) Driving with headlights off
Surprisingly, speeding is not a clue of insobriety. This is because studies
show that a person who speeds often exhibits signs of heightened awareness in
the form of quicker judgment and reflexes.
2) If I'm stopped by the police, should I answer any questions regarding
drinking?
Citizens are not required to answer questions that are designed to be
incriminating. In a police encounter, a simple request to speak to your
attorney before answering questions, would be an appropriate response.
3) What signs of insobriety do police look for after stopping a citizen on
the roadside?
The most common symptoms of impairment taught at
police training classes are:
* (1) Flushed face
* (2) Red, watery, glassy or bloodshot eyes
* (3) Odor of alcohol on breath
* (4) Slurred Speech
* (5) Fumbling with wallet while trying to get license
* (6) Failure to comprehend officer's questions
* (7) Unsteady of feet while exiting vehicle
* (8) Swaying while standing
* (9) Leaning on car for support
* (10) Being combative, argumentative or jovial while talking with officer
* (11) Disheveled clothing
* (12) Lack of awareness in regards to time and place
* (13) Unable to follow police instructions.
4) Do citizens have a right to an attorney when they are stopped for a DWI
investigation?
The law in Texas provides that persons stopped for DWI initially do not have
the right to an attorney. In fact, you don't have a right to speak to a lawyer
until after the initial investigation on the street is complete and you have
been taken to jail. Most citizens do not understand that after their arrest,
they are not entitled to speak to a lawyer when confronted with the
decision of taking or refusing a blood, breath or urine test. Keep in mind,
however, that it may still be a good idea to request a lawyer when you are
first stopped by the police. This is because some police officers will let you
call a lawyer prior to having the right to do so.
5) What should I do if the police ask me to take field sobriety tests?
Understand that the police want you to help them make their case against you
stronger. By performing field tests, you are simply helping the police gather
evidence against you. Be aware that they fully intend on using this evidence
against you in court. Therefore, taking an eye test, balancing test, or any
other evaluation on the street is usually not a good idea. This doesn't mean
that you need to be rude or nasty to an officer if he asks you to do a field
sobriety test. Instead, its a good idea to " respectfully decline"
all tests on the roadside or at the police station.
6) Should I take a blood, breath or urine test down at the station? What
will happen if I refuse?
Most lawyers agree that the above tests are not completely accurate and
therefore should not be taken.. Keep in mind, however, if you refuse a chemical
test after being arrested, you risk an increase in the length of time you may
lose your drivers license . Therefore, calling a DWI lawyer immediately after
your arrest is important !
7) What are the consequences if I cooperate and enter a plea of guilty in
court?
The strict DWI law in Texas is causing many Texas citizens to take an
aggressive stance in court. Another down side to cooperating and pleading
guilty, is that your license can be suspended. Other consequences include, high
insurance rates, a criminal record, and compromising future job prospects.
Because of the new harsh law in Texas, it is very important to speak to an
experienced DWI lawyer before you decide what to do in court.
8) Will my case get dismissed if the officer doesn't give me a Miranda
warning?
Texas law does not require the police to give a Miranda warning to a DWI
suspect during the officer's initial investigation of the crime. Miranda
warnings are only required if the officer interrogates a suspect after the
arrest. Put simply, any incriminating statements that you make to police in
response to questioning after you're placed in custody and without the benefit of
a Miranda warning, are not admissible in court. As a general rule, it is not a
good idea to say anything incriminating to the police before, during or after
your arrest.
9) Is it possible to win a
DWI case in court?
There are about 60,000 DWI arrests in Texas annually. Of course not all of
these arrests are legitimate. The police are often overzealous and this
sometimes results in a bad arrest. Since there are many legitimate defenses to
this crime, a qualified DWI defense lawyer can often help you get your charges
dismissed. If you feel that you were falsely accused by the police or just not
treated fairly, then you should call my office immediately.