The big part of Driving Under the Influence (DUI) and Driving While Impaired (DWI) charges occur when the driver commits a related traffic offense, such as failure to obey a traffic control device, speeding, reckless driving or negligent driving. This gives police the power to stop the driver. Once this happens, the officer is trained to look for particular signs of alcohol consumption.
Mobile DWI Testing Labs
Several checkpoints have Breath Alcohol Test Mobiles placed on-site that are motor homes equipped with breath testing devices and work as mobile police stations. Few states use roving Driving Under the Influence patrols and other patrols in regions targeted for high rates of Driving Under the Influence arrests, or Driving Under the Influence linked accidents.
During a sobriety checkpoint stop, the police officer must determine that there is articulable doubt of Driving Under the Influence to proceed with an arrest. To determine this, the officer can request that the motorist or driver provides a Preliminary Breath Test by using a Preliminary Breath Testing instrument. Preliminary Breath Test is a portable device, which detects Blood Alcohol Concentration.
The motorist or driver blows for several seconds into this portable instrument through a tube, and it provides an instantaneous determination of Blood Alcohol Concentration. If the device detects the presence of alcohol or controlled substances and the driver appears impaired, the officer will try to apply to the driver another series of tests called Standardized Field Sobriety Tests. In case these tests are done inefficiently, the officer will place the driver under arrest, to be moved to a breath alcohol testing place where the driver will be required to undergo a Breathalyzer Test.
Criminal Charges for DWI and the Evidence
The outcomes of a Preliminary Breath Test are not acceptable in court as evidence of Driving Under the Influence and Driving While Impaired because they are incorrect and misleading. They serve to provide law enforcement with supplementary objective information to establish probable cause for arrest and extra chemical testing. If you’re facing prosecution in Houston, TX for a criminal charge of this nature then you need to consult with an experienced attorney for drunk driving cases.
As asserted above, Driving Under the Influence laws are enforced by the use of Standardized Field Sobriety Tests, performed from research sponsored by the National Highway Traffic Safety Administration.
These tests are used to achieve validated signs of impairment and to confirm probable cause for arrest. They are regulated and measured by law enforcement regularly and estimated in a standardized manner according to the answers of the driver.