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Man arrested for Texas DUI with shirt claiming drunkeness

Channel 2 in Houston reports Ross McMakin, 21, was recently arrested for driving under the influence. Regrettably at the time of his mug shot he was wearing a t-shirt that stated he was “Drunk as s**t." Ross McMakin was arrested after driving his car onto the sidewalk. He then hit a parked car and assaulted his girlfriend when she attempted to wrangle his keys from him. His girlfriend called the police. When they arrived on the scene, Ross McMakin was arrested for DUI. If convicted for a Texas DUI Ross McMakin could face penalties, fines and prison time for criminal charges which could include strangulation, DUI, reckless driving, reckless endangerment and harassment.

Evidence for a Texas DUI

  To arrest Ross McMakin for DUI the Texas police will rely on statements made at the time of the arrest, chemical testing, witness statements, field sobriety testing and any other evidence they have collected during his Texas DUI arrest. So what are the common evidence police for look for in a Texas DUI arrest? After a DUI arrest police officers will ask a driver to submit to a blood, breath or urine test to determine the blood alcohol concentration of their blood. Although breathalyzers are the most common type of chemical tests offered, the police may also request a urine or blood test. Police officers can also be called to testify or to provide testimony for the DUI trial. The officer can provide information about what they saw and heard when they stopped the driver for the Texas DUI. This can include information about the driver’s physical condition and statements made during the DUI arrest. For instance, police officers may notice whether or not the driver has blood shot eyes, the inability to walk, whether they smell like alcohol or whether the driver’s speech was impaired. Field sobriety tests may also be conducted to determine if a driver is impaired. Although these tests are not mandatory, most drivers do not realize that and will voluntarily submit to the tests.

Common driving infractions which indicate intoxication

  The National Highway Traffic Safety Administration (NHTSA) has determined there are dozens of driving actions which may indicate you are intoxicated and unable to drive. The most common actions are listed below and include: • Weaving • Weaving across lane lines • Straddling a lane line • Swerving • Turning with a wide radius • Drifting • Almost striking a vehicle or other object • Stopping problems (too far, too short, or too jerky) • Accelerating or decelerating for no apparent reason • Varying speed • Slow speed (10+ mph under limit) • Driving in opposing lanes or wrong way on one-way • Slow response to traffic signals • Slow or failure to respond to officer’s signals • Stopping in lane for no apparent reason • Driving without headlights at night • Failure to signal or signal inconsistent with action • Following too closely • Improper or unsafe lane change • Illegal or improper turn (too fast, jerky, sharp, etc.) • Driving on other than the designated roadway • Stopping inappropriately in response to officer • Inappropriate or unusual behavior (throwing, arguing, etc.) • Appearing to be impaired • Difficulty with motor vehicle controls • Difficulty exiting the vehicle • Fumbling with driver’s license or registration • Repeating questions or comments • Swaying, unsteady, or balance problems • Leaning on the vehicle or other object • Slurred speech • Slow to respond to officer or officer must repeat • Providing incorrect information, changes answers • Odor of alcoholic beverage from the driver • Driving without headlights at night • Failure to signal or signal inconsistent with action So what about Ross McMakin? Most likely Houston police have enough evidence to prove  Ross McMakin was intoxicated at the time of his Texas DUI and it won’t matter what his t-shirt said.
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