Sheldon Weisfeld

DUI/DWICheat Sheet

5 Things You Need To Know If Stopped

DUI/DWI Cheat Sheet: 5 Things You Need to Know If Stopped

Bad decisions turn into criminal charges being brought against ordinary people every day, especially in the

context of driving under the influence of alcohol, drugs or any combination of the two. DUI is one of the most

common criminal offenses that people are charged with in and around Houston. If you're pulled over by law

enforcement on a suspected DUI, here are five things that you need to know.

Hands on the Wheel

The first person that an experienced law enforcement officer is concerned about on any traffic stop is himself

or herself. After an officer lights you up, slow down, signal and pull over to a safe location as soon as possible.

That officer will be watching you carefully when approaching you. Don't get out of your vehicle. Put your hands

on top of the steering wheel where they can be seen. Keep them there until you're instructed otherwise. Don't

make any furtive movements or gestures that might suggest guilt of any type of a crime. Whether you realize

it or not, the officer who is detaining you is looking for signs of intoxication like bloodshot eyes, slurred speech

or the odor of an alcoholic beverage on your breath. Remain polite. Don't argue with the officer. That's the

worst thing that you can do during the encounter. If indeed you are taken into custody, any aggressive

behavior can be used against you as another sign of intoxication.

You Have the Right to Remain Silent

The officer who stops you is likely to ask about where you've been, where you're going and whether you've

been drinking. You have the right to remain silent. Invoke it by simply telling the officer that you don't wish to

answer any questions. The fact that you invoked that right can't be used against you, but anything else that

you say can be used against you, even though you might not be technically under arrest. If you admit to

having consumed alcohol, a prosecutor can use that admission against you in court. Don't answer questions,

and don't believe any scare tactics that police might use to obtain admissions from you.

https://www.CallDUILawyer.com

DUI/DWI Cheat Sheet: 5 Things You Need to Know If Stopped

Field Sobriety Tests

Although not determinative, the National Highway Transportation Safety Administration has approved three

standard roadside tests that are used for purposes of ascertaining whether a driver might be intoxicated.

Those tests follow:

• Horizontal Gaze Nystagmus Test: The officer holds a pen or even a small light in front of the driver's eyes

and observes whether the subject tracks it smoothly when moved across his or her field of vision. Jerking of

the eyes might indicate intoxication.

• Walk and Turn Test: The offer asks the driver to take nine steps while touching heel-to-toe. Then, the driver

must pivot on one foot and return. The officer is looking for balance issues and the ability to follow instructions.

• One-Leg Stand Test: The driver stands on one leg while the other leg is extended outward about six inches

off of the ground. The driver then counts to 30. He or she can put their foot back down when told to do so.

Again, this tests the driver's balance and ability to follow instructions.

These tests, the performance of them and charting the performance of them are all set up for failure. Many

people who never took a drink can't pass all three of these tests. Some are clumsier than others, and some

have medical or cognitive conditions that prevent them from passing the tests. It might even sound as if you're

being ordered to take the tests, but if you listen carefully, the detaining officer is merely requesting that you

perform them. Don't be intimidated. Police might even cheat when they show you how to perform them.

Always remember that if you submit to field sobriety tests, your performance will probably be recorded by the

officer's dashcam or body cam. Politely refuse any roadside field sobriety tests. There's no law in Texas that

says you're required to take them. You'll likely be giving a prosecutor more evidence to convict you with if you

do take them.

https://www.CallDUILawyer.com

DUI/DWI Cheat Sheet: 5 Things You Need to Know If Stopped

The PAS Test

The preliminary alcohol screening (PAS) test is another roadside test. The PAS device is held by hand, and

the driver blows into it. The device is used for purposes of establishing probable cause to make a DUI arrest.

Many drivers actually confuse the PAS test with a breath test given at a police station. They might refuse the

three standard field sobriety tests, but consent to the PAS test. Texas law doesn't require you to submit to PAS

testing. There are no consequences if you refuse it.

Breath or Blood Testing

You'll know when you're being taken into custody. You'll be handcuffed, placed in the back of a squad car and

transported to the police station. That's where you'll be asked to submit to breath testing for purposes of

determining your blood alcohol concentration. You have the right to refuse breath testing at the police station

too. If you do refuse breath testing at the station, the police officer can force the issue by asking for a search

warrant to be issued by a judge for a blood sample. If that warrant is issued, you must cooperate and give the

blood sample. You'll be in bigger trouble if you don't.

There are many defenses to a DUI arrest. If you're charged with a DUI anywhere in or around Houston, you

must act quickly. Should you fail to properly request an appropriate hearing within 15 days of the date of your

arrest, your driver's license will be suspended for between 90 and 180 days. It's entirely possible to

successfully defend a DUI case, but your license can still be suspended. Protect your rights by contacting a

qualified, experienced and effective Houston DUI lawyer right away after a DUI arrest.

https://www.CallDUILawyer.com

Experience You Can Trust

DUI/DWI Defense AttorneySheldon Weisfeld

As a Houston criminal defense attorney with over 45 years experience, I have theprivilege of intersecting people at the most vulnerable time of their life; with aworld behind the actions that brought them to our meeting in the �rst place. Itis here that I endeavor to hear their story, get their heart and gain their trust.Trust is essential to me as it is to the ones I help. Call me today at 713-526-9575