Evidence of Intoxication
When a Texas police officer pulls someone over, they must have probable cause. This means the officer must be able to cite a reason for pulling a driver over when they roll down their window. The officer must witness you doing something illegal while driving, or they must see you have a light out or your tag is expired. Once you’ve been pulled over, the officer might notice signs you’ve been drinking. If you have an open container in the car, your eyes are glassy and moving rapidly, or the officer smells alcohol on your breath, he or she needs no further reason to ask you to submit to a sobriety test.
Sobriety tests are evidence of intoxication, and you have every legal right to say no. However, understanding what happens after you say no is imperative. If you choose to turn down all forms of a sobriety testing, you’re immediately arrested and charged. If you know that a breathalyzer is not the best test for you due to medical conditions and you request a blood test, you are within your legal rights.
Anything that is obtained by the officers prior to your arrest is considered evidence of intoxication whether it’s a breathalyzer or a blood test. Even a urine test can be used to help determine your level of intoxication when you are stopped. This evidence is permissible in a court of law, which could be bad news for you if your case goes to trial. It is possible for someone to fail a test without being intoxicated, but it’s difficult to fight these claims when this kind of test is used in court as evidence of your intoxication. That’s why it’s imperative you hire an attorney to assist you with your case.