After you’ve had a glass of wine with dinner, odds are high that a trained officer will smell the alcohol on your breath. Of course, the officer, even with the best intentions, cannot tell if you’ve had one glass or one bottle of wine based on the smell of alcohol. Then, the questioning and field sobriety tests begin.

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You might be thinking to yourself, “It’s okay, I’m under the limit. I’ve only had two or three all night long.” In fact, you might be right! You might be well under the legal limit for a DUI, but that doesn’t mean the officer can’t arrest you. It doesn’t even mean you won't be found guilty! In fact, many people are arrested, charged, and tried for a DUI here in Texas well under the 0.08 limit.

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You may attempt the field sobriety tests, which can be tricky and confusing to a completely sober person. Simply forgetting the instructions or misunderstanding them can serve as “clues” or indications of intoxication. Simply being nervous or cold or tired can mislead a jury into thinking an otherwise sober person is intoxicated.

 

Then the officer asks for a breath test sample while reading a page full of legal jargon. You may blow under the limit, but you will likely find yourself looking for a friend to bail you out of jail. You might actually be under the legal limit but still blow over. Many medical conditions, as common as acid reflux, can cause substantial errors in breath test results. Your results may be erroneously high because an inattentive or distracted breath test operator missed something as simple as a small burp- a burp that would otherwise invalidate the breath test.

 

After signing up, you will have a consultation with a licensed Texas attorney to discuss the laws and your rights surrounding DWls, and the attorney will answer your questions in a confidential meeting. Instead of meeting with an attorney, you may elect to receive informational literature from your attorney, which will explain the laws and your rights.