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About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
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A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
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DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Sensitivity to the Indicators of Intoxication
From the moment you see the blue and red flashing lights in your rear-view mirror – you should understand that the officer with whom you are about to interact will has been trained to – and will expertly employ – the skills of discerning whether or not you are exhibiting indicators of intoxication. Let us consider these in greater depth in this article.
Once you are pulled over to the side of the road an officer – the approaching officer will make note of a number of indicators within the first thirty seconds of interaction with you – just by using his or her senses. First, he will attempt to detect the odor of alcohol either coming from your person or from the vehicle itself. Next, he will listen for slurred speech patterns or odd conversational tones or topics. For instance, if an individual is talking too loud for the circumstance – (and using grandiose gestures) then this puts the officer on alert that you may be drunk. An inability to present yourself coherently is an additional indication of intoxication.
Then there is also the expected visual evaluation by the officer of the specific state of the driver and/or his (or her) passengers. Most police can 'size up' a traffic stop to determine whether or not the driver is under the influence or otherwise intoxicated within the first moment or two of contact. For example, a driver that seems not to have control of their body – such as presenting oneself slumped down or unable to hold your head up and make continued eye contact – then this is a warning sign to police that there may be alcohol involved.
A succinct physical assessment of a driver's potential state of intoxication will either lead the officer to press the individual to take part in various tests of their sobriety – or take the stop in another direction. However, the latter is less likely. To begin with, the officer has to have a reason for pulling you over in first place. They have usually been following your vehicle for some time watching for driving behaviors that are also indicators of intoxication including such things as 'weaving in and out of lanes or within a single lane', erratic driving behavior, delayed driving reactions, failing to stop fully at a stop sign and speeding.
If the officer asks you to step out of the car to take a field sobriety test OR asks you to take a breathalyzer in order to gauge your blood alcohol content level I always suggest that people refuse to willingly provide law enforcement with any evidence that could be used against you in a court of law. This will complicate matters for you in the short-term – but can be a solid cornerstone to a winning defense later on.
Remember, law enforcement has been trained to simply and quickly identify numerous indicators of drunkenness or intoxication – by using their 'senses'. Unfortunately, the tools at their disposal are fallible and therein lay the ability of the defense attorney to avoid a conviction.