You’re out with friends, drinking and having a great time. You can’t think of a better time, but the night is about to change. As you’re heading back home, you notice another vehicle behind you. Suddenly, red and blue lights are flashing, and you realize it’s a cop. You pull over and stop, thinking it’s not that big of a deal. You weren’t doing anything wrong, and the stop will go smoothly.


However, when the officer approaches your vehicle, he tells you he pulled you over for speeding, and you’ll be getting a citation. The first question he asks you is if you’ve been drinking. You admit you had a couple of drinks with some friends for about an hour or so ago, but you didn’t drink on an empty stomach and feel fine.


The officer wants to conduct a breathalyzer test on you.


Without hesitation, you do as requested. You are also asked to do field sobriety tests. You don’t do well but know you suffer from vertigo, so it’s expected. You blew a 0.05% on the breathalyzer, which isn’t over the limit for an arrest. Since it’s not high enough, you may think you’ll be going home. However, the officer chooses to place you under arrest for DWI.


The kicker is… an officer can still arrest and charge you, even if you’re not 0.08% or higher.


You may be under the legal limit, but this doesn’t afford you automatic protection. An officer will just need more evidence of guilt, which is why they conduct field sobriety tests.


Suppose you have a medical condition or physical problem that hinders your ability to do field sobriety tests well. In that case, your lawyer can use that as defense evidence to fight your DWI charge.  Your DWI lawyer will look at every possible defense to protect you from being convicted of a DWI.

If you are facing a potential DWI charge in the state of Texas, understanding what your options are, defense-wise, is critical. Contact our office to schedule a free consultation with an experienced DWI Attorney, Daniel K. Peugh today.