How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

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How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

The Field Sobriety Test (FST) consists of three tasks that a police officer administers to a driver who is suspected of driving under the influence of alcohol. 

These guidelines are issued by the National Highway Traffic Safety Administration (NHTSA). 

According to defense attorneys in Houston, the tests include:

    1. HGN (Horizontal Gaze Nystagmus) – When a person is intoxicated, nystagmus is exaggerated. Nystagmus is the involuntary jerking of the eye as it gazes sideways. The officer asks the driver to follow a slow moving object from side to side and looks for signs of jerkiness or the inability to track the moving object.
    2. WAT (Walk and Turn) – A sober person typically has no difficulty following directions while performing simple physical tasks. The police officer directs a suspected drunk driver to take nine steps forward along a straight line walking heel to toe. Then he or she is instructed to turn around and repeat the process. A driver with impaired reflexes will typically use their arms to keep their balance, step off the line or take an incorrect number of steps.
    3. OLS (One Leg Stand) – The driver is ordered to stand on one foot while counting out loud until instructed to put the foot down. Officers look for drivers who are unable to maintain their balance.

Challenging the Field Sobriety Test

There are a number of ways an experienced DWI lawyer can counter field sobriety test results in court. 

He or she can challenge the accuracy of the test itself, or question the way the tests were administered by the police officer.

There are also instances when a driver’s physical condition may affect the results of a field sobriety test even if the officer thinks he had conducted them properly. 

For example, someone with an inner ear infection may temporarily have an impaired sense of balance. 

It would be very easy for this person to fail the OLS portion of the test (which tests for balance) and be judged to be intoxicated. 

Someone with a neurological impairment can easily fail the HGN test, while a person with a muscular disorder may not be able to walk heel to toe on a straight line and thus fail the WAT portion of the test. 

Another factor affecting the WAT test is an uneven or gravel road surface or that the person took the test in high heels making balancing difficult.

Fight the unfair results of a DWI Field Sobriety Test Now

Trichter & LeGrand is one of the most experienced DWI attorneys in Houston

Contact us as soon as you can if you are facing a DUI charge. 

Our expertise in this field is your best guarantee of fair representation and a just hearing. 

As a noted Houston criminal law firm practicing DUI cases, we can help you fight an unfounded or erroneous DWI charge by challenging the results of your FST.

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

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Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. 

A subsequent breath or blood test can yield three possibilities in relationship to the time of driving. The test may show that the driver was

    1. under .08 at the time of driving, or
    2. at .08 or greater at the time of driving, or
    3. at the same BAC at the time of driving.

Said another way, a subsequent BAC test is not conclusive proof of a BAC at the time of driving. 

This is because a jury can refuse to believe a BAC test result.

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is a no-refusal weekend?

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What is a no-refusal weekend?

DWI Lawyer Trichter & LeGrand

The term “ no-refusal weekend ” is a misnomer. 

It was coined by law enforcement to advertise that police agencies would ask for a search warrant to seize a blood sample from a driver where a breath test was refused. 

Here, it is important to note that Texas does allow you to refuse a breath or blood test unless a search warrant is issued by a judge. 

If so, police officers can reasonably use force to take a blood sample from you. 

Note, too, that a judge must decline to issue a warrant where there is not probable cause that the person is DWI.

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Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is an administrative license revocation (ALR) Hearing, and why is it important?

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What is an administrative license revocation (ALR), and why is it important

DWI Lawyer Trichter & LeGrand

The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. 

The ALR Program is

“a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated (DWI) or boating while intoxicated (BWI) who refuse to take or who fail a blood or breath test attempt to save their driver’s license.”

By requesting an ALR hearing, you force the Texas Department of Public Safety (DPS) to prove its case against you. 

DPS must prove the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause. 

Otherwise, you win by default.

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How DPS will argue to revoke your license at your ALR hearing

In the ALR hearing, DPS will argue one of two possible theories of prosecution: 

The first is that you refused to take a requested breath and or blood test, and 

The second is that you took such a test and you had a BAC result of .08 or more.

In order to suspend your license, DPS must provide certain evidence, depending on the facts of your case.

What DPS must prove at your Administrative License Revocation Hearing

A) If you refused to submit to breath/blood testing, DPS must prove all of the following at an ALR hearing:

1. Reasonable suspicion or probable cause existed to stop or arrest you.

2. Probable cause existed to believe you operated a motor vehicle in a public place while intoxicated.

3. You were placed under arrest and were properly requested to submit to breath/blood testing.

4. You refused the test upon proper request by the officer.

B) If you failed the breath or blood test, the issues are slightly different. DPS must prove both of the following at an ALR hearing:

1.You had an alcohol concentration of .08 or more while operating a motor vehicle in a public place and at the time of testing.

2. There was probable cause to arrest or reasonable suspicion to stop you.

DPS’s proof is generally submitted in the form of the arresting officer’s written affidavit. 

DWI defense lawyers can issue subpoenas and compel the officer to testify at the ALR hearing. 

If the officer fails to come, you win your case by default. 

If the officer comes, there is an opportunity to bring out evidence of innocence which was not written in the original police report. 

In most cases, a good DWI lawyer will require the officer to attend the hearing.

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Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Whose “normal mental and physical faculties” are we judged by, and what is “normal”?

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What Is normal mental and physical faculties?

Trichter & LeGrand DWI Lawyers

According to the Texas DWI statute, “normal mental and physical faculties” refer to those of the particular person who has been arrested. 

The term does not refer to the normal faculties of the arresting officer, of the jurors, or of a fictitious average person. 

Indeed, the term “normal” actually refers to a range of measurement of the faculties of the actual person arrested in this case.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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