The Ease of Getting a DWI
Posted By Attorney D. Chris Hesse || Nov 10, 2015
There has never been a law that did not come with some gray area to it. Not even driving while intoxicated (DWI) laws, which are meant to curb and control dangerous driving behaviors, are completely clear. With that said, you need to be careful when you decide to go out drinking with your friends, as getting arrested and charged with a DWI might be much “easier” than you think.
Wrongful or Inaccurate DWIs in Texas
Perhaps the biggest offender when it comes to slamming people wrongfully with DWI charges are misleading field sobriety tests. When a police officer tells you to stand on one foot for a while, walk a straight line, or poke at your own nose, they are supposed to be testing to see if you are intoxicated. In reality, they are only testing how well you perform strange feats under pressure. The entire process becomes subjective as the officer tries to figure out if you are swaying because you are drunk, or because you are nervous or naturally have bad balance. If their discretion is misjudged, as it often is, an otherwise innocent motorist can be arrested.
The second thing you need to watch out for are chemical tests – blood-, breath-, and urine-based tests usually done back at the station. Law enforcement in Texas sometimes swear by these complicated machines, and how accurate they must be since a computer gets involved to measure your blood alcohol concentration (BAC) level. When was the last time you fully trusted a machine or computer, especially when something as important as someone’s freedom hangs in the balance? The truth is that the slightest mistake in calibration or sample handling can lead to inaccurate test results that may exaggerate the actual BAC.
Not Even Safe When You’re Sleeping
For how often law enforcement tries to encourage responsible driving behavior and not getting behind the wheel after drinking, they rarely tell you an alternative. Many people believe they are being responsible by choosing to sleep off their buzz in their car until the morning, after hours of sleep and maybe a bite to eat. As surprising as it may sound, you can still be cited for a DWI while dozing in a safely parked, unmoving vehicle, lying down in the backseat, and with the keys in the glovebox.
DWIs charges can be issued without a police officer actually seeing you driving behind the wheel. They just need a reasonable argument to believe you had been driving while intoxicated at some point in the night. Unfortunately, being in the backseat and asleep is still being quite close to the steering wheel, so they could argue that you had been driving only moments before they found you snoozing.
If you have been arrested for a DWI in Texas, even if it is your first offense, the consequences could be dire, including license suspension, jail time, and fines. You should defend yourself with an aggressive and experienced Amarillo DWI lawyer like Attorney D. Chris Hesse. As a former U.S. Marine, he is not afraid to take on the biggest oppositions out there and fight for your rights to the very end. Dial 806.686.2142 today and request a free consultation with our team.