DWI FAQs

1)   What do officers look for when pulling over a suspected drunk driver?

In order from most common to least common:Turning with a wide radius Straddling center of lane marker "Appearing to be drunk" Almost striking object or vehicle Weaving Driving on other than designated highway Swerving Speed more than 10 mph below limit Stopping without cause in traffic lane Following too closely Drifting Tires on center or lane marker Braking erratically Driving into opposing or crossing traffic Signaling inconsistent with driving actions Slow response to traffic signals Stopping inappropriately (other than in lane) Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off Interestingly enough, speeding is not considered to be a sign of intoxication.

2)  If I am pulled over and I am asked by an officer, “Have you been drinking?” What should I say?

The only correct answer is, “I would like to speak to my attorney.”  Whether or not you choose the Simpson, Foster and Gold team of attorneys or another group of knowledgeable DWI attorneys this is the only correct answer.  If you say, “No” and the officer smells alcohol on your breath you have proven yourself to be a liar and your lie will be used against you.  If you say, “Yes” you have given the officer one more clue and have already started making damaging admissions.Don’t worry if the officer doesn’t “like” you.  They arrest nice people all the time.  If you make it obvious that you aren’t going to incriminate yourself they are likely to move on to a nicer (and easier) target.

3)     What is the officer looking for at the scene?·       

         Flushed face

         Red, watery, glassy and/or bloodshot eyes 

         Odor of alcohol on breath

         Slurred speech

         Fumbling with wallet trying to get license

         Failure to comprehend the officer's questions

         Staggering when exiting vehicle

         Swaying/instability on feet

         Leaning on car for support

         Combative, argumentative, jovial or other "inappropriate" attitude

         Soiled, rumpled, disorderly clothing

         Stumbling while walking

         Disorientation as to time and place

         Inability to follow directions

 These are the standard clues taught to officers throughout the South Texas region.

 4)         What’s the deal with the officer making me look at a blue light?  

             This is the "horizontal gaze nystagmus" test. The officer estimates the angle at which the eye begins to jerk.  "Nystagmus" is a medical term for a distinctive eye shake.  The smoothness of the eye's tracking the penlight (or finger or pencil) is a factor, as is the type of jerking when the eye is as far to the side as it can go.  In all, there are 6 distinct clues that an officer is looking for.

             This field sobriety test has a number of problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset.  This test is not admissible in many states.  It is admissible in Texas.

             When you choose an attorney, make sure that they are familiar with the medical literature as well the National Highway Traffic Safety Administration guidelines for the test.  Frequently, mistakes are made giving the test and frequently lawyers don’t know it.

 5)         Should I take the breath test?

            If you have had more than one drink, probably not.  If you are a man that weighs over 200 lbs. then you should be fine with two drinks.  Make certain that these are standard drinks and that you have not forgotten one or two somewhere. 

             Call 210-222-1200 for your free alcohol concentration wheel, compliments of Simpson, Foster & Gold.  It estimates your blood alcohol level based upon time, weight and number of drinks. 

             Remember, the drink wheel is not exact… if in doubt, refuse the test.

 6)         The officer did not read me my rights… can I get my case dismissed?

             No.  However, the state might be prevented from using any evidence collected after the failure to read you your “Miranda Warnings”.  It is important that you hire a good attorney that is knowledgeable about this area of the law.

 7)         Do I automatically lose my license when I get arrested for DWI?

             No.  Only if you fail to request an Administrative License Revocation hearing in the first two weeks after your arrest.  If you have been arrested for DWI act quickly and contact a qualified DWI attorney before your time runs out!

             If you request a hearing, you may keep your license while you wait for the hearing.  If you don’t request a hearing your license will be suspended.

 8)         If my license is suspended, is there any way I can drive?

             Very likely.  You might be able to get an occupational license in the meantime.  Contact a qualified attorney to discuss your options.

 9)         Is there any sense fighting a case if I blew over .08?

             Absolutely.  Perhaps your blood alcohol level was higher at the time of the test than while driving.  Perhaps the officer administered the test incorrectly.  Perhaps the machine was not properly calibrated.

             All these defenses and more have worked for people that blew above .08.

 10)       What does a consultation with Simpson, Foster & Gold cost?

             Nothing.  Give us a call and we will evaluate your case free of charge.