Getting the information out to THE PEOPLE about their rights.

When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named 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 capacity to follow instructions. They are also used to establish a probable cause for arrest.

If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions 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 Houston police 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. Through the HGN test, the police 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 cannot 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’s common in a large amount 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 when 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, law enforcement officers may possibly require drivers to perform additional tests, including:

• Finger to nose test
• Reciting the alphabet
• Counting backwards
• Balancing tests

Hire the Best Houston DWI Lawyer!

If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Houston Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks 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 advice:

After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.

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

If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.

Most importantly, contact the Recommended Houston Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: The Most Dedicated Houston DWI Attorney

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Houston DWI lawyer to investigate your case and represent you in the courtroom. The Top Houston DWI Attorney 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 police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.

Although folks in the U.S. are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. Federal or state law enforcement officers are allowed, where justified, to search your premises, car, or other property in order to look for and seize unlawful items, stolen goods or evidence of a transgression. What rules must police officers follow when engaging in searches and seizures? What can they do in upholding the laws, and what can’t they do?

What police officers May Do:

• Under the Fourth Amendment to the United States Constitution, police may engage in "reasonable" searches and seizures.
  • To establish that a search is "reasonable," police officers must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is often called probable cause.
  • In several situations, law enforcement need to first make this showing to a judge who issues a search warrant. Usually in most special circumstances, however, the police may be able to conduct a search without the need of a warrant. In fact, virtually all searches are "warrantless."
• Police may search and seize items or evidence when there isn’t any "legitimate expectation of privacy." In some other words, if you didn’t have a privacy interest in the items or evidence, law enforcement can take them and, in effect, no "search" has occurred.

Note: In deciding whether or not there was a "legitimate expectation of privacy," a court will consider two things:

• Did you have an expectation of some degree of privacy?
• Was that expectation reasonable in our society’s view?

Example: You have a semi-automatic rifle that you had stolen from a pawn shop. You leave the rifle laying on the hood of your vehicle when you get home. You do not have a "legitimate expectation of privacy" with regard to things you leave on the hood of your automobile, and law enforcement may take the weapon. No search has occurred.

• Police may use first-hand information, or tips from an informant to justify the need to search your property. If an informant’s info is used, police officers need to prove that the information is reliable under the circumstances.
• Once a warrant is obtained, law enforcement may enter onto the specified area of the property and search for the items listed on the warrant.
• Police could very well extend the search beyond the specified area of the property or include various other items in the search beyond those specified or listed within the warrant if it is required to:
  • Ensure their safety or the safety of others;
  • Prevent the destruction of evidence;
  • Discover more about possible evidence or stolen items that are in plain view; or
  • Hunt for evidence or stolen items which, based upon their preliminary search of the specified area, they believe may be in a different location on the property.

Example: The police have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your property to go down to the basement, they see a cache of weapons sitting on the kitchen table. They may take the guns to guarantee their safety while searching your basement.

• Police may search your property without any a warrant if you consent to the search. Consent has to be freely and voluntarily given, and you cannot be coerced or tricked into giving it.
• Police may search your person and the immediate surroundings without the need of a warrant when they are placing you under arrest.
• If a person is arrested in a residence, police may make a "protective sweep" of the home in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to accomplish this, police officers must have a reasonable belief that an accomplice may be around.

Example: The police arrest you inside your living room on criminal charges of murder. They may open the door of your coat closet to make certain that no one else is hiding there, but may not open your medicine cabinet due to the fact that an accomplice couldn’t hide there.

• When you are being taken to jail, police may perform an "inventory search" of items you have with you without any a warrant. This search may include your vehicle if it is being held by police officers in order to make a list of all items inside.
• Police may search without any a warrant should they reasonably fear for their safety or for the public’s safety.

Example: If the authorities drive past your home on a regular patrol of the neighborhood and see you, inside your open garage, with ten cases of dynamite and a blowtorch, they may search your garage without the need of a warrant.

• If it’s required to prevent the imminent destruction of evidence, law enforcement may search without the need of a warrant.

Example: If the authorities see you trying to burn a stack of money that you stole from a bank, they could perform a search without the need of a warrant to prevent you from further destroying the cash.

• Perform a search, without a warrant, if they are in "hot pursuit" of a suspect who enters a private dwelling or area following fleeing the scene of a crime.

Example: If police officers are chasing you from the scene of a murder, and you run into your apartment in an attempt to get away from them, they may follow you into the apartment and search the area without any a warrant.

• Police may perform a pat-down of your outer clothing, in what is designated a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a firearm and they fear for their safety.

What law enforcement May NOT Do:

• The police may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
• If evidence was obtained through an unreasonable or unlawful search, police officers may not use it against you in a trial. This is often designated the "exclusionary rule."
• The law enforcement officials may not use evidence resulting from an unlawful search to obtain some other evidence.
• The law enforcement officials may not submit an affidavit in support of obtaining a search warrant if they did not have a reasonable belief in the truth of the statements within the affidavit.
• Unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods, law enforcement may not search your vehicle. If your car has been confiscated by law enforcement, however, they can search it.
• Unless they have a reasonable suspicion that you are involved in a criminal activity, law enforcement may not "stop and frisk" you. If they have a reasonable suspicion, they can pat down your outer clothing if they are concerned that you could be concealing a weapon.

Dallas Search & Seizure Defense: Hire the Finest Dallas Lawyer

Courts quite often have to determine case-by-case whether or not the circumstances in which the authorities searched without a warrant had been legal. As a result, in cases where a search has already transpired and you are not sure of its legality, consult the Most Qualified Dallas Drug Crimes Attorney as soon as possible. And if a search has not yet been conducted, make sure that you understand your rights in advance.

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