Two Texas DWI bills are currently before the Senate Committee. House Bill 4061 would effectively expand the criteria for mandatory installation of an ignition interlock device in a vehicle. This device analyzes a driver’s breath sample and disables the vehicle ignition if the blood alcohol content (BAC) registers above a pre-set limit. Currently, Texas DWI law requires an ignition interlock for repeat DWI offenders and those who register a very high BAC at the time of arrest.

If this law passes, we would see a local impact of nearly double the number of motorists required to install an ignition interlock system if they are convicted of a DWI in Austin, Texas. All motorists convicted of a DWI in Texas, including first-time offenders, would be directed to do so, however, judges would be left with the discretion to find the interlock installation unnecessary.

The second DWI measure being considered would permit larger cities, such as Austin, Texas and highly populated counties, like Travis and Williamson County, to establish sobriety checkpoints. Overriding concerns abound with this measure such as racial profiling, inefficiency, and a perceived police state where motorists are stopped without reasonable cause.

If you have been arrested for a DWI in Austin, Texas or Travis and Williamson Counties, time is of the essence. Call Kyle Lowe, a seasoned Austin DWI Attorney with 16 years of DWI and Criminal Law experience.

The psychology of a DWI stop is an incredibly subjective thing.  One might suggest that there is a predetermined decision in the mind of a police officer, based on the time of day, the locale, the proximity of the vehicle to local bars/nightclubs, or the prevalence of previous DWI arrests in the same area, that a driver pulled over for a traffic infraction in that same area will be assumed drunk before the police officer even approaches the vehicle.

According to an article written by Shorstein and Lasnetski, whether a DWI arrest is made is not based on concrete, objective factors that can later be confirmed in court; rather, the decision to arrest for DWI will often be based on the perceptions, observations, conclusions and biases of the police officer.  Just about every police officer that has made a DWI arrest since the beginning of time will report that the suspect had bloodshot and watery eyes, emitted a strong odor of alcohol, had slurred or mumbled speech and failed the field sobriety tests if the driver submitted to them.  However, those conclusions are all very subjective.  How bloodshot and watery were the driver’s eyes compared to what they normally look like? What if the driver was in a smoky bar or staring at a computer screen all day? How strong is a “strong odor of alcohol”? What is slurred speech compared to how a person normally speaks?  Over the entire  period of the police encounter, how often must the driver slur his/her speech for it to be considered significant? Is the speech slurred due to alcohol or because the person is nervous? How the officer interprets these questions is very subjective.

According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, police officers are taught to look for the following red flags:

● Anything which may draw their attention to a vehicle (especially at night time) such as:

A moving traffic violation;

Weaving across a lane; Abruptly swerving; Turning with too wide a radius; Almost striking an object or other vehicle; Stopping incorrectly; Rapid acceleration or deceleration; Driving on the wrong side of the road; Slow response to traffic signals; Slow or failure to respond to an officer’s signals; Stopping in a lane for no apparent reason; No headlights; Driving in an area other than a marked traffic lane; Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window;

● An equipment violation (burned out tail light or burned out license plate light);

● An expired registration or inspection sticker;

● Any unusual driving actions such as weaving within a lane or moving at a slower than normal speed;

● After the stop, evidence of drinking or drugs in the vehicle itself.

Following a suspected DWI stop, police officers will look for the following signs of intoxication according to the DWI Detection training manual:

● Slowed reactions;

● Impaired judgment as evidenced by a willingness to take risks;

● Impaired vision;

● Poor coordination;

● Difficulty exiting the vehicle;

● Fumbling with drivers license or insurance;

● Repeating questions for comments;

● Swaying, unsteady or balance problems;

● Leaning on the vehicle for support;

● Slurred speech;

● Slow to respond to officer/officer must repeat;

● Providing incorrect or changing answers to the same question;

● Odor of alcohol

If you have been arrested for a DWI in Austin, Texas or the surrounding counties, time is of the essence.  Contact Kyle Lowe, an Austin DWI Attorney with 16 years of DWI and Criminal Law experience.  Your case evaluation is free, your peace of mind is priceless.