How to Answer an Officer’s Scale Question on A Suspected DWI

Be Prepared In The Event That You’re Pulled Over For A DWI

Being pulled over for a suspected DWI is always an unnerving situation and one that can cause you to wonder whether or not you have answered questions appropriately or given an officer any other indication that you could be under the influence of alcohol.

Unfortunately, officers across Fort Bend and the rest of Texas might rely on a question that can be a seemingly trick question. The question will appear as something such as, “on a scale from 1 to 10 where would you rate your current intoxication level if a zero is totally sober?”

An officer might ask someone they have pulled over where this person deems himself to be on this scale and you might feel as though you have no other choice to but to answer the question as honestly as possible since the officer has already pulled you over. Even when people are not intoxicated, however, many people give a response of a number other than zero. This is a trick question because any number outside of zero is an admission that you in some way feel impaired in your driving.

Since this is a scale question, people are tempted to answer within the range of 1 to 5. However, an officer could suspect that you are under the influence of alcohol if you give any other number answer than zero and many lay people do not understand the legal definition of intoxicated under Texas law. Furthermore, the officer might not define this or explain this appropriately for the person under investigation. Intoxication under Texas law is classified as not having the normal use of physical or mental faculties due a controlled substance, dangerous drug, introduction to alcohol or a combination of two or more of these features.

Be aware that you need to present these concerns and any questions asked of you during the pullover process to your experienced Fort Bend, Texas lawyer. Have your case reviewed immediately to get all possible help defending your freedom.