Observable Signs of Impairment 
The first step in identifying whether someone is impaired often starts with a law enforcement officer’s observation. When you are pulled over for a traffic violation, the officer will likely observe your behavior and physical appearance to look for clues of impairment. Common signs include: - Erratic Driving: If an officer observes you swerving between lanes, speeding, or driving unusually slow, this may raise suspicion that you are under the influence of alcohol or drugs.
- Physical Indicators: When an officer approaches your vehicle, they may notice certain signs that suggest impairment, such as bloodshot eyes, an odor of alcohol, or slurred speech. These physical signs are used by officers to assess whether there is probable cause to suspect you are impaired.
- Behavioral Cues: Sometimes, the way a person acts can be a giveaway. Officers are trained to look for behaviors like a lack of coordination or difficulty following instructions.
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About UsField Sobriety Tests
If an officer suspects that you may be impaired, they will often ask you to perform field sobriety tests. These tests are designed to assess your physical and mental coordination and are a critical part of determining whether a driver is under the influence. There are three main types of field sobriety tests used by Texas officers:- Horizontal Gaze Nystagmus (HGN) Test: This test is used to assess your eye movement and check for nystagmus, a jerking of the eyes that can occur when a person is intoxicated. The officer will ask you to follow a pen or their finger with your eyes as they move it from side to side. If your eyes jerk excessively while following the object, it may indicate that you are impaired.
- Walk-and-Turn Test: The officer will ask you to take nine steps along a straight line, heel-to-toe, turn around, and then walk back in the same manner. This test evaluates your balance and ability to follow instructions. Difficulty maintaining balance or following the steps may suggest impairment.
- One-Leg Stand Test: In this test, you are asked to stand on one leg while the officer watches for any signs of instability or lack of coordination. If you struggle to maintain your balance or need to put your foot down, it may indicate impairment.
Chemical Tests: Breath and Blood Tests
If an officer still suspects impairment after conducting field sobriety tests, they may ask you to take a chemical test. In Texas, drivers are subject to “implied consent” laws, which means that by operating a vehicle, you are agreeing to submit to a breathalyzer or blood test if an officer requests one. Refusing these tests can result in serious penalties.- Breathalyzer Test: The most common chemical test is the breathalyzer, which measures the blood alcohol concentration (BAC) by analyzing your breath. In Texas, a BAC of 0.08% or higher is considered evidence of impaired driving. If your BAC is found to be above this limit, you will likely be arrested for DWI (Driving While Intoxicated).
- Blood Test: A blood test is typically used when there is a suspicion that drugs, rather than alcohol, are impairing the driver. Blood tests are more accurate in measuring the presence of substances like marijuana, prescription drugs, or other illegal drugs.
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Refusal to Submit to Testing
In Texas, refusing to take a chemical test when asked by law enforcement carries severe consequences. If you refuse to take a breathalyzer or blood test, your driver’s license will be automatically suspended for 180 days for a first offense. This suspension can increase with subsequent refusals. In addition, refusal to take a test can be used as evidence of guilt in court, and judges may assume that you refused to comply because you knew you were impaired. While it’s your right to refuse these tests, it’s important to understand the consequences that come with refusal. Consulting with an attorney after a refusal can help you understand your rights and options.Legal Consequences of Impairment
If you are arrested for DWI in Texas, you could face significant legal penalties, including:- Fines and Fees: Convictions for DWI can result in fines that can reach thousands of dollars.
- Jail Time: A first offense can lead to up to 180 days in jail, with higher penalties for repeat offenders.
- License Suspension: Your driver’s license may be suspended, making it difficult to drive to work or attend other necessary activities.
- DWI Education Programs: You may be required to attend mandatory alcohol education programs and complete community service.
Protecting Your Rights During a Traffic Stop
If you are pulled over by a law enforcement officer in Texas, it’s crucial to understand that you have rights. Here are some key points to remember:- Stay Calm and Polite: Always remain calm and respectful toward the officer. Cooperate with their instructions but remember that you do not have to answer questions about where you were or whether you have been drinking.
- You Can Refuse to Answer Questions: You are not required to answer questions about whether you have been drinking or where you are coming from.
- Refuse Field Sobriety Tests: While you are not required to take field sobriety tests, it’s important to be aware that refusal can lead to an arrest.
- Right to an Attorney: If you are arrested, you have the right to consult with an attorney. It’s always best to contact an attorney who specializes in DWI cases to protect your rights and help you navigate the legal process.