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Texas DWI Facts & Information
Austin Texas DWI Defense Attorney - Know Your Rights on DWI Law
A breath test or field sobriety test does
not automatically prove you guilty.
According to the federal government,
accuracy of field sobriety tests are as follows:
Walk and turn.............68%
One leg stand.............65%
A Texas Drunk Driving DWI Case and the Deciding Factors.
In most Texas DWI cases, there are 3 pieces of evidence
that are open to interpretation of the law.
The police report is only the officer's interpretation.
Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?
Were any statements made by you coerced, taken out of context, or
The Intoxilyzer 5000 assumes that everyone has the same blood breath
partition ratio, hematocrit ratio and assumes that all samples are
at an air temperature of 93.2 F. Texas DWI Law does not utilize any
methods which would allow for a retest of samples given. The
computer software is proprietary and is not available to scientific
peer review. There are many things which have been shown to affect a
breath test score. These machines are generally not available for
inspections by anyone outside of law enforcement. Texas does not
allow for non-law enforcement or government personnel to become
certified as breath test technical operators. Much of the Texas
breath program remains limited to outsiders despite a generally
assumed belief that these machines have undergone and passed wide
general scientific review.
Field Sobriety Tests:
Police make arrests on the basis of probable cause. This is not the
same thing as "beyond reasonable doubt." It is not a police
officer's job to determine if someone is guilty. Many police offers
choose to arrest on the basis of caution.
There is much technical training for a police officer in the field
of Texas DWI Law. There is no law in Texas which states they must
keep up their training on a yearly or any other type of basis with
respect to standardized field sobriety training. Many police
officers do not make any form of notes on the side of the road with
respect to numerous details. Most police officers do not include
mitigating or exculpatory information in their reports, mainly
Where there distractions during the testing? Were you nervous or
tired during the testing?
If there was a video taping of the event, does it accurately depict
your true state of sobriety at the time, or was it unfairly effected
by perhaps traffic, poor lighting, noise, or lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause false results?
Field Sobriety Tests (FSTs)
Texas Field Sobriety Tests (FSTs) are failure designed tests. Almost
every motorist, regardless of their sobriety levels, fails a field
sobriety tests. The level and degree of failure is noted by the
investigating police officer. Anytime a test is made to early is
considered a failure. Performing these tests to quickly or to slowly
are considered, yes, a failure. Even failure to follow the police
officer’s instructions is a failed test.
Field Sobriety Tests are basically designed to fail and a driver
should not attempt to do these tests. Performance of these tests is
voluntary and you are with in your rights to refuse the test.
Finger to Nose
The officer asks the motorist to extend their arms and close their
eyes, instructing the motorist to tilt their head back and then
touch the tip of the nose. There is no scientific fact or data for
this test, and the test results are not reliable for measuring your
The National Highway Traffic Safety Administration (NHTSA) has
investigated and researched several field sobriety tests since the
mid-1980s. A battery of tests have been developed as a result of
this research, formally referred to as "Standardized Field Sobriety
Walk and turn
This test requires a driver to walk heel to toe and turn. It must be
performed on a surface where a clean line is visible and where there
is a level, non-slippery surface. Failure includes: Loss of balance
Starting before officer’s instructions are finished
Stopping or pausing while walking
Failing to touch heel-to-toe on each step
Stepping off of line (often times the line is imaginary)
Using arms for balance (this is subject to broad interpretation by
Losing balance while turning/incorrect turn (also subject to broad
discretion of officer)
Performing the incorrect number of steps.
One Leg Stand
The motorist is required to stand with one leg raised approximately
six inches off the ground for approximately 30 seconds. The officer
observes the driver for any sign of swaying, hopping, or using arms
for balance. If the motorist sways, hops, uses arms for balance or
fails to maintain the position for the entire 30 seconds, the
results are deemed to be a failure.
Horizontal Gaze Nystagmus [HGN]
The Horizontal Gaze Nystagmus or HGN is an involuntary jerking
movement of the eye that moves side to side. This is a technical
test that a motorist has no control over, and the results are
completely subjective, based entirely upon the officer’s
observation. An individual Driving While Intoxicated (DWI) or
Driving Under the Influence (DUI) will have greater difficulty
tracking a moving object. Most officers receive little training in
this test, but it is one of the more common tests employed by
Austin Texas DWI Criminal Defense Attorney
700 Lavaca, Suite 1010
Austin, Texas 78701
criminal defense trial attorney located in Austin, Texas. We focus
our practice on handling Drunk
Driving (DWI) and Driving Under The Influence (DUI) in the state of
Texas. Travis County, Williamson County, Hays County and Bastrop
County. Austin, Georgetown, Manor, Round Rock, Del
Valle, Cedar Park, Bastrop, San Marcos. Know
your rights for a good DWI defense.
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