Houston injury lawyers know that police departments generally follow guidelines promulgated by the NHTSA in conducting their DWI investigations. The NHTSA DWI investigation guidelines intend to help make law enforcement officers better able to determine when a driver is intoxicated. The guidelines also govern the administration of SFSTs (Standardized Field Sobriety Tests).
The NHTSA DWI investigation guidelines categorize a DWI investigation by three main phases:
The vehicle in motion phase,
The personal contact phase, and
The pre-arrest screening phase.
When police are called out to an accident site after a car crash has already occurred, the vehicle in motion phase of the DWI investigation might rely on evidence like witness accounts, accident reconstruction, physical evidence like skid marks, and black box data.
During a usual vehicle in motion phase, an officer that observes the signs of alcohol-impaired driving could decide to pull over the driver. Some of the driving behaviors consistent with DWI include:
Erratic driving,
Driving with the lights off at night,
Weaving or swerving, and
Driving on the wrong side of the road.
After the officer has pulled over the DWI suspect, the personal contact phase of the DWI investigation begins. The officer uses close observation of the individual to help determine whether the driver is intoxicated. The officer might base his judgment on the driver’s smell of alcohol, slurred speech, appearance, behavior, coordination, balance, and statements made.
If the personal contact phase of the DWI investigation leads the officer to conclude that the driver is intoxicated, he might move into phase three and administer an SFST. The three SFSTs available under NHTSA DWI investigation guidelines are the horizontal gaze nystagmus test, the walk and turn test, and the one-leg standing test.
Based upon the results of the SFST, the officer might take the driver into custody. If the driver refuses the test, the officer also might take the individual into custody and obtain a warrant for a forced blood draw to test the alcohol content.
Drunk drivers present heightened dangers of crashes involving severe injuries and fatalities to others using the roads. Officers’ diligence in identifying DWI crimes and taking drunken drivers off our roads is greatly appreciated. The costs of the injuries and wrongful deaths generated by drunk driving crashes each year run into the billions of dollars.
Your safety on the roads is important. If a drunken driver has injured you or if you’ve lost a loved one to a DWI crash, kindly contact our experienced Houston injury lawyers for your free accident consultation. Our Board Certified Houston injury lawyers would be happy to discuss your case with you, and help you understand your legal options and your chances of making a full financial recovery for your losses. We’ve helped many victims of drunken drivers to become financially whole again after their undeserved injuries so that they could move forward with their lives again. Our able Houston injury lawyers could help you too.