The Martinez Law Firm Articles Suspected Drunk Driver Rolls Truck

Suspected Drunk Driver Rolls Truck

By The Martinez Law Firm  Sep. 17, 2012 11:33a

A man was taken into custody recently by Houston police after a single vehicle accident. The crash occurred in the early morning hours on Monday when a man driving a full-size pickup truck lost control of the vehicle. He was traveling south on Airline Avenue when witnesses say they saw the truck swerve erratically, make a sharp turn into the median and roll over after hitting a tree. Fire rescue and police arrived and had to pry open the cab of the truck to free the driver. The driver was not injured in the crash. Officers on the scene administered a breathalyzer test and then arrested the man for driving while intoxicated (DWI). No others were involved or injured in the accident. Were you arrested after a police officer conducted a field sobriety test? Speak with a DWI defense attorney right away to make sure your rights are protected!

Charged with DWI after "failing" a field sobriety test?

First off, it is important to know that an officer must have probable cause before conducting a traffic stop at any time. In the case of a sobriety check point, the law enforcement agency involved is required to file a plan ahead of time stating the rules for conducting a random check of cars as they go through the checkpoint. Once an officer is speaking with you he or she may request that you step out of the vehicle and perform one or more field tests. The most common of these are the one leg stand, walk and turn and horizontal gaze nystagmus. The officer may also have you blow into a portable breathalyzer machine. If the breathalyzer reads 0.08 percent BAC or greater or if the observing officer deems that you "failed" the field test then you can be arrested on suspicion of DWI.

These tests have many drawbacks which can make them unreliable indicators of intoxication. Improper maintenance or a defect of the breathalyzer, the highly subjective nature of various field tests, driver age, fatigue, anxiety, uneven ground and many other things could result in someone being arrested unfairly.

DWI Defense Lawyer Serving Houston

Whether you are facing your first DWI, have previous convictions or have been involved in a car wreck, a knowledgeable DWI defender may be able to help you avoid a license suspension, jail time and expensive fines and fees. Contact us at The Martinez Law Firm now to discuss your case with a highly skilled and dedicated attorney on our team!

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