➠ Austin Criminal Attorney » Arrested For DWI? Discover How you can Beat It.

Published: 12th October 2011
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When law enforcement suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also designated field sobriety tests. Field sobriety tests help law enforcement determine a driver's level of intoxication by challenging his or her physical and mental coordination and ability to follow instructions. They're also utilized to establish a probable cause for criminal arrest.

If you are stopped for suspected DWI, be polite to the police officer. Nevertheless , do not answer inquiries about what you have had to drink or when.

Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three standardized field sobriety tests used by Austin law enforcement officers are:

The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. During the HGN test, law enforcement officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver is unable to follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that is popular in a large number of individuals, even though they are sober)


The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground while counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.

The Walk and Turn Test:

the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction

In addition to these DWI tests, police officers may possibly require drivers to perform additional tests, this includes:

Finger to nose test

Reciting the alphabet

Counting backwards

Balancing tests

Hire the Most Respected Austin DWI Attorney!

If you did perform a field sobriety test and were arrested, it is crucial to speak to the Most Respected Austin Attorney immediately. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for additional evidence to use against you in the courtroom. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that might cause individuals to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.


Other important information:

After your arrest, you have the right to remain silent. You do not have to respond to questions or submit to formal questioning about the case. While it is best to cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this priviledge, and you will have a far greater chance of avoiding a conviction.

You also have the right to legal counsel. This is a constitutional right that has to be observed in order to give defendants in criminal cases the opportunity to establish their innocence. By consulting a Austin DWI criminal defense lawyer as soon as possible following a DWI charge, you will give him or her a better chance of making a positive impact on your case.

If you are arrested, be sure that you get in touch with the Texas DPS as soon as possible. You have only 15 calendar days to schedule an ALR (Administrative License Revocation) hearing relating to your license suspension. A failure to schedule this hearing will lead to the automatic suspension of your license.

Most importantly, get in touch with the Top Austin Criminal Lawyer as soon as you are able to. Having a skilled attorney at your side as early in the process as possible will mean that your legal rights will likely be protected and you will have the very best opportunity of avoiding license suspension and a conviction.

Austin DWI Defense: The Recommended Austin Criminal Attorney

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is important to hire a highly skilled Austin DWI attorney to investigate your case and represent you in the courtroom. The Most Effective Austin Lawyer will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer's ability to properly conduct a field sobriety test, and make sure the officer didn't violate their clients' rights during the charge. In addition, they will be dedicated to providing each client with personalized attention, viable options, and aggressive DWI defense. They will not stop working until they obtain a favorable result, and see that justice has been served.

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