EXPERT INSIGHT 50 WWW.LAWYER-MONTHLY.COM | JUN 2022 every question about your alcohol consumption, including how much you have had to drink, where you drank it, what kind of alcohol you consumed, when your last drink was, etc. It is important to note that everything the officer is requesting related to this investigation is his attempt to gather proof from you that you are intoxicated. So, if there is any doubt whatsoever that you may be near the edge of losing your mental or physical faculties, it is generally suggested that you refuse all tests and refuse to answer all questions. If the officer believes that you are intoxicated, you are going to be arrested, no matter what you do! Alternatively, if you know that you are in complete control of your faculties, you may want to prove that you are fine and complete the requested field sobriety tests. Under any circumstances, be aware that most officers have body and video cameras rolling the entire time they are in contact with you. Everything you say and do is being recorded for use against you. I tell all my DWI clients: “The best part about a video is that it shows exactly how you looked. The worst part about a video is that it shows exactly how you looked!” What this means is that the jury will generally formulate its own opinion about your intoxication from watching you and listening to what you say and how you say it. By law and by reason of having a Texas driver’s licence, you are presumed to consent to a blood or breath test upon request of an officer having “reason to believe” that you may be intoxicated. These tests are normally performed at the police station. Again, given the above examples related to BAC, the decision to provide either sample depends upon the facts of each case, but as a general rule it If you know that you are in complete control of your faculties, you may want to prove that you are fine and complete the requested field sobriety tests.
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