A recent investigation involving a former Houston police officer serves as a reminder to drivers to use caution during traffic stops. During traffic stops, well-meaning drivers often provide law enforcement officers with much more information than the law requires. Sometimes this happens because of a mistaken belief that providing more information would clearly show the officer that they were innocent. At other times, anxiety or other factors cause drivers to spill the beans by volunteering all kinds of information and even stepping out of their vehicles for field sobriety tests.
The former officer who is currently under investigation failed to use his dashboard camera to record a traffic stop during which he claims the driver failed a field sobriety test and refused to provide a sample for a blood test. The investigation revealed that there was, in fact, dash-cam footage and the footage shows that the driver didn’t “fail to signal a lane change” as the former officer had claimed. Furthermore, the defendant’s blood alcohol level, as revealed by a test, was below the legal limit. Unfortunately, during the time that it took to investigate the case against the officer and exonerate the driver using police records, the driver’s license was suspended because the now former officer had claimed that she refused to submit to a blood test. She even had to buy an ignition interlock device and submit to random drug and alcohol testing. As if that were not bad enough, the aforementioned driver is not the only driver for whom the validity of their arrest is questionable.
Whether the dashboard camera is running or not, it is a good idea to know ahead of time what you can do to get through a traffic stop giving as little information to the police as you can. For example, you do not have to participate in field sobriety tests, and in fact, you are wise not to. One reason why it is best not to participate in field sobriety testing is that the test results cone from observations, which are subjective. Also, it is possible for sober people to fail the tests due to nerves, uncomfortable shoes, or some other things.
Engaging in a field sobriety test or providing more information than you are required by law to provide will not help you prove your sobriety. In fact, any additional information that you provide could very well be used against you later on. The list of unnecessary information includes providing information about where you are driving to and from and what you have been doing.
If you were arrested for DWI in Texas, there is a lot at stake. During these difficult times, you need the guidance of an experienced DWI defense attorney. To learn more about how we can defend you against your Texas DWI charges, schedule a free consultation with East Texas DWI Defense Attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our website to submit an online contact form.