Tag Archive for: Longview DWI defense attorney

Do Field Sobriety Tests Often do More Harm Than Good?

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If a police officer has ever asked you to perform a field sobriety test, you probably felt like you had no choice but to get out of the car and do your best to walk in a perfectly straight line, or to point to your nose in just the right way. What many people do not know about field sobriety tests is that you do have a choice about whether or not you participate in them. Also, many people are unaware of all of the potential implications of engaging in field sobriety testing.

It is important that you become familiar with field sobriety testing, because you never know when your next traffic stop might be. Even if you do not consume alcohol, you should educate yourself about this issue because sober drivers are sometimes asked to perform field sobriety tests.  In fact, one of the most disturbing things about field sobriety testing is that some sober drivers fail the tests and are subsequently charged with driving under the influence of alcohol, while some drivers who are intoxicated pass the tests and get back behind the wheel.

Field sobriety tests are increasingly becoming regarded as inaccurate assessments of intoxication. The National Highway Transportation Safety Administration has not issued any standards for administering or scoring field sobriety tests. This leaves the decision about whether an individual passes or fails each test up to the subjective judgment of the law enforcement officer administering it. Studies have shown that police officers judge a driver’s level of intoxication incorrectly during one third of all field sobriety tests that they administer. This means that every time you choose to do a field sobriety test, there is a one in three chance that you will either be wrongly accused of driving under the influence or that you will be permitted to continue driving while intoxicated, depending upon your actual condition.

Not only are field sobriety tests inaccurate, they are also damaging. Whenever an officer asks you to step outside of your vehicle for a field sobriety test, they have already decided that they think that you have been drinking. Every single movement that you make once you decide to exit your vehicle becomes evidence that the law enforcement officer can use to build his or her case in support of a DWI conviction.

Engaging in a field sobriety test will not, contrary to popular belief, get you back on the road faster by “proving” that you are sober. Sober drivers often make the mistake of choosing to participate in field sobriety tests because they think that the officer will certainly be able to see that they are not intoxicated. Unfortunately, many people are not aware that they can easily fail a field sobriety test when they are completely sober. If you are nervous or tired, you could be a little shaky on your feet. The same goes for if you are wearing high heels, or if the road surface is wet, uneven, or slippery. Some tests require a fair amount of coordination, and some people will fail those tests when they are sober simply because they are not very coordinated.

If you have been accused of driving under the influence of alcohol, you need the help of an experienced Longview DWI defense attorney. To learn more about how we can help you to defend yourself against 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 law firm website to submit an online contact form.

 

How a Texas DUI Conviction Can Dramatically Affect Your Career

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It is certainly no exaggeration when I say that a Texas DWI conviction can impact every aspect of your life. From your family relationships to your friendships, and of course your job, no area of your life is immune to the consequences of a DWI conviction. Of course, the potential impact of a Texas DWI conviction on your career will depend largely upon what you do for work. Another factor is whether your conviction has resulted in any restrictions on your ability to get to and from work. When you are weighing your options regarding how to respond to your DWI charges, don’t forget the following potential effects that a DWI conviction could have on your career.

One way that a Texas DWI conviction could affect your career is if it interferes with your ability to get to and from work. License suspension is a common penalty associated with DWI convictions, and even first – time offenders can find themselves without a driver’s license for up to two years. If you live somewhere where you have access to public transportation that can get you to where you need to be for work, and driving a vehicle is not a part of your job, then you may be able to navigate the logistics of getting to and from work after your DWI conviction with relative ease. Of course, if you live and/or work in a more remote area, or if driving is a part of your job, you may have to stop working if you cannot get to and from work, or if you can no longer perform your job duties because your license is suspended.

If driving is your career and you have a CDL, stricter drunk driving rules apply to you whether you are driving your commercial vehicle or your personal vehicle. Not only will a DWI conviction result in loss of your commercial license for one or more years, it will more than likely result in loss of your job. It could also make it harder for you to get a job once your license has been reinstated, as employers may feel that a past DWI conviction makes it more likely that you will be convicted for DWI again in the future than a driver with no DWI on his or her record.

Even if your job does not involve driving other than just getting to and from work, you should be aware that some professions are more sensitive to DWI convictions than others are. For example, careers that involve working with children, such as teaching or working in a day care center, often view a DWI as something that makes an applicant less qualified for that position. Also, military, government, and other jobs that require the handling of sensitive or confidential information may be harder to get following a DWI conviction because of strict background check requirements.

The best defense against a Texas DWI is a knowledgeable and experienced Longview DWI defense attorney. East Texas attorney Alex Tyra offers free consultations to drivers accused of driving under the influence. Learn more about your options for defending your DWI case today. Call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.