HOUSTON DWI LAWYER Criminal Law Overview
Contrary to what the misleading billboards say, DRINK, DRIVE. GO TO JAIL, you can drink then legally drive if you have not lost the normal use of your mental or physical faculties. With over twenty years of criminal defense, Ive represented dozens of people that really did have just a couple then commit a minor traffic offense.
If they have a mild odor of an alcoholic beverage on their breath, the offense reports always say, Strong Odor of an Alcoholic Beverage, and they are then asked to perform Field Sobriety Tests (that are designed for failure) and may do poorly.
Often the person becomes nervous, is probably tired, has eye fatigue, (a strong contributing factor to the failure of the Horizontal Gaze Nystagmus Test).
The suspect may also be non-athletic or not coordinated, thus performing poorly on the field sobriety test and are then arrested.
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