Some people think that only a certain group of people are susceptible of facing DWI charges. In reality, no one is immune from a DWI charge. Any party who engages in the conduct necessary to satisfy a DWI can end up facing a DWI charge. This fact was demonstrated last month when Bexar County Precinct 3 Commissioner Kevin Wolff was arrested by the San Antonio Police for Driving While Intoxicated after rear-ending two cars at a Whataburger drive-through.
The way that the accident unfolded reveals some essential elements about DWI charges that every motorist should understand. After discovering that Wolff’s motor vehicle sustained front end damage, San Antonio Police conducted a field sobriety test, which Wolff proceeded to fail. Wolff then refused to take a breathalyzer test at the scene of the incident and a warrant for taking a sample of Wolff’s blood was obtained. Wolff later admitted that his DWI was due to mixing prescription drugs and alcohol.
Why Breathalyzers Should Always Be Refused
Field sobriety tests are designed to measure an individual’s coordination, balance, and motor skills after the individual has consumed alcohol. Individuals who are asked to perform a field sobriety test, however, should always refuse because the test is unreliable for several reasons. One of the largest reasons is that there are several factors that could make an individual fail a field sobriety test without being drunk.
- Nervousness. People who are nervous have difficulty concentrating, which is an essential element in successfully
- Officer Interpretation. Many times, law enforcement officers have already decided whether to cite an individual to DWI based merely on the individual’s driving. As a result, law enforcement officers sometimes interpret sobriety field tests as failed despite how an individual actually performed during the test.
- Physical Problems. Many individuals experience physical problems or disabilities which affect how an individual performs on field sobriety tests.
- Fatigue. Individuals who are tired may display the same symptoms as intoxicated individuals including poor balance and trouble with motor skills.
Prescription Drugs Charges and DWIs
Driving under the influence of drugs is often a difficult charge for the state of Texas to establish. The state of Texas must demonstrate beyond a reasonable doubt that an individual was both driving and under the influence of prescription medication. The state often has difficulty establishing an individual was under the influence of prescription medication because there are no definitive tests for making this determination. Additionally, many law enforcement officers are unfamiliar with prescription drug cases and have difficulty determining whether the prescription medication directly caused the poor driving. As a result, experienced legal counsel is often to help clients defend against DWI charges due to prescription medication.
If individuals drive a vehicle while intoxicated, there is a risk that the individual will face a DWI charge. It is essential that any individual facing a DWI charge obtain the services of experienced legal counsel. At The Wilder DWI Defense Firm our DWI defense team offers clients a free case evaluation and can readily explain the details surrounding a DWI charge in addition to informing clients about what the client’s rights are. Our firm has an established history of successfully defending individuals who face DWI charges. If you need an experienced DWI attorney, contact our firm today.