By Raman GillFormer Texas House speaker Gib Lewis had this to say about his recent DWI arrest: "There's nothing to say but don't drink and drive."

That's excellent advice and it's exactly what I tell my family and friends, as well as my clients who are charged with DWI. And by "Don't drink and drive," I don't mean, "Be sure you only have one or two drinks, no more, before you drive," or, "Be sure you wait a good while after having a drink before you get behind the wheel." Nope. I mean, don't drink ANY alcoholic beverage and then drive (or boat, which seems particularly relevant given these three-digit temperatures and the need we all seem to feel to be in or around water if outside these days).

I can't tell you how many people our firm has represented who've had a drink or two after work, or two glasses of wine at a book club meeting, or a glass or two of wine at dinner with their spouse, and then were stopped for a minor traffic violation while driving home - and the next thing they knew they were trying to take nine steps, heel-to-toe, down an imaginary line along the side of a dark road. Often, when an officer smells ANY alcohol on your breath, he'll start asking you about whether you've been drinking and then he'll ask you if you mind taking a few field sobriety tests.

The answer to the officer's question, by the way, is YES, you do mind. You mind very much. (Except you say it very politely, as in, "With all due respect officer, I won't take any field sobriety tests and I'd like to speak with my lawyer.") Because unless you've got the balancing skills of Mary Lou Retton (I know this reference ages me, but I remember her landing perfectly off that vault in the 1984 Olympics to win the all-around women's gold medal), you might very well fail these tests, intoxicated or not.

I'm certified to administer the three "standardized" field sobriety tests most often given during DWI stops, as are most lawyers at our firm. Part of our training included attempting these tests - many times. I certainly don't want to impugn the balancing abilities of my colleagues, but let me at least say as to myself - I could not do the "Walk and Turn" or "One Leg Stand" stone cold sober, at least not until I practiced many, many times. It's simply not natural to walk heel-to-toe with your hands by your side, or with one leg six inches off the ground. If you've ever tried yoga, you'll know that making your body do what it doesn't do in everyday life doesn't always go so well the first few times. Especially if you're very nervous and distracted, maybe on the side of the highway, as most people are during DWI stops. Even our resident yoga diva Kristin Etter gave a less-than-stellar performance her first few goes at these field sobriety tests. (Did I say I wasn't going to impugn anyone else's balancing skills? Sorry, Kristin!)

So there you have it. One of the many reasons it's really just better to not drink and drive - at all.

Labels: dwi, field sobriety tests, gib lewis

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