When a police officer pulls someone over, they will often be looking to determine whether the driver is under the influence of alcohol or drugs. If an officer suspects that you are driving while intoxicated (DWI), he or she may ask you to submit to a few tests to determine your level of intoxication. But as a Texas driver, are you required to submit to such testing?

Types of Sobriety Tests

There are several different types of tests that police officers may ask a driver to take, including preliminary blood alcohol tests and field sobriety tests that are meant to gauge the driver’s balance, reaction time, and ability to drive safely. These tests may include:

1. Nystagmus: This is often the first field sobriety test that officers will use, since it does not require the driver to get out of the vehicle or use any devices. The officer will place a pen in between the driver’s eyes, asking him or her to follow the pen with their eyes. This measures the driver’s ability to focus and follow directions.

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Since before the time you were legally able to get behind the wheel, you have likely been warned about the dangers of driving while intoxicated (DWI). Not only do drunk drivers place themselves at risk of injury, but they also put other drivers, passengers, and pedestrians in harm’s way. Intoxication levels are measured through one’s blood alcohol concentration (BAC), and in Texas, one’s BAC must be below 0.08 percent to be considered under the legal limit. But what happens to those who injure another party because they decided to get behind the wheel drunk? Is the blame solely on their decision to drink, or can other parties be held responsible as well?

Holiday Party Gone Wrong

Unfortunately, drunk driving incidents increase throughout the holiday season. This is often attributed to tipsy party guests making the decision to get behind the wheel rather than staying the night or calling a friend for a ride home. This instance hit close to home for a number of families this past Christmas Eve. Teenage brothers from Lewisville became victims to a drunk driver while walking home with friends on Dec. 24, 2020. Hayden, 18, and Grayson, 12, were struck by an out-of-control vehicle. Grayson made it out alive with serious injuries, but Hayden died at the scene. The driver was arrested on charges of intoxication manslaughter and intoxication assault. Depending on the details of the drunk driver’s night, there may have been additional parties to blame.

Young, college-age kids are notorious for pushing the envelope. Whether that involves going against their parents’ wishes, drinking underage, or trying illegal substances, one defiant action can quickly lead to a series of poor decisions. Drinking under the age of 21 can also result in a driving while intoxicated (DWI) charge depending on the circumstances, and trying a single drug can often result in a life riddled by drug crimes. Those involved in drug rings recognize young adults’ willingness to try drugs and the likelihood of them getting hooked on these substances. With this in mind, many will target college-age kids to create regular customers of their products, many of which are not the drug that they think they are.

UT Students at Risk

In early December, authorities busted a drug trafficking operation that targeted the University of Texas (UT) students. At least 13 people were charged in connection with the scheme, including current and former UT students. Authorities reported that the drug ring sold counterfeit prescription drugs, claimed to be Adderall and Xanax, to students that were laced with methamphetamine and fentanyl. Adderall and Xanax are regulated and legitimate prescription medications that many students will purchase in the hopes that they will improve their studying and focus before major assignments or exams. Purchasing these drugs without a prescription is a crime in and of itself, but finding out that the regulated, FDA-approved medication is laced with dangerous substances was not what the students signed up for.

College Station, the home to Texas A&M University, has seen a significant decrease in the number of driving while intoxicated (DWI) arrests in the past year. As 2020 has been a unique year in the history of the United States, these reduced numbers may be attributed to the restrictions enacted on Texans since COVID-19 began to surge. According to the Texas Department of Transportation, more than 800 drivers across the state were killed in accidents involving DWI. While this number may not seem particularly significant in such a large state, it only accounts for those who were in fatal accidents, not those arrested or injured. If you are arrested for DWI, it is important to know the severity of the criminal charges that you may face and where to turn for legal guidance.

A Texas Town Considers the Implications of Reopening

In a KBTX news report from October 29, Police Officer Tristen Lopez from College Station, Texas notes an approximate 25 percent decrease in DWI arrests this past year. According to the report, College Station police have made 227 DWI-related arrests this year, compared to 303 arrests in 2019 by this same date. The same is true of DWI-related crashes in the area. COVID-19 restrictions in the state of Texas have left local bars closed for months in an attempt to reduce the spread of the virus. As of October 14, however, county governments were given the option of allowing their local bars to reopen at 50 percent capacity moving forward. Though these bars may reopen, they are still required to stop selling alcohol at 11 p.m.; the same is not true of restaurants, creating a gray area on which many bars and restaurants can tread. Officer Lopez connected the reduced DWI numbers to local bar closures and noted that the trend will likely change now that the bars have reopened.