In White v. State, No. 08-06-00050-CR, 2007 WL 853134, at 1 (Tex. App.--El Paso Mar. 22, 2007, no pet.), the officer testified that he pulled the appellant over after he saw him speeding on the interstate around 11 p.m. As he approached the pulled-over vehicle, the appellant rolled down his car window, and he saw the appellant's glazed eyes and smelled alcohol coming from the vehicle and on the appellant's breath. Id. In response to his questions, the appellant said that he had just left a nightclub where he had three drinks; the officer noted that appellant had difficulty understanding questions and slurred his speech. Id. The officer asked the appellant to remove the keys from the ignition, explained to the appellant "that this was to prevent him from driving off and as a safety measure for his own safety," and placed the keys on top of the car. Id. The officer testified that the appellant was not under arrest at the time, but he was not free to leave as he was suspected of DWI and he needed the appellant to wait there because he was not certified to conduct field sobriety tests and had to request that a DWI unit be sent to the scene. Id. The El Paso court concluded that the appellant was not in custody when the officer took his keys; rather, he was still being detained because the officer's suspicion that the appellant was intoxicated had not been dispelled or confirmed. The court also noted that allowing the appellant to leave or retain his keys could have posed a danger to himself and others. Id.