Texas DWI Facts & Information

A breath test or field sobriety test doesnot automatically prove you guilty.According to the federal government, accuracyof field sobriety tests are as follows:

HGN test......................77%

Walk and turn.............68%

One leg stand.............65%

on Texas DWI Law

Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.

Police Reports:

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 misinterpreted?

Important:

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. 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 negative observations.

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?

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers. Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. It is important to note that being on prescription drugs is not a defense to a DWI criminal prosecution. If the label suggests that ingestion will impair ones ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction. At trial, the State therefore may prove intoxication in three (3) different ways:

- not having the normal use of physical faculties OR

- not having the normal use of mental faculties OR

- having an alcohol concentration of 0.08 or more.

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving.

Many other States provide for prosecution of a "lesser included" offense other than Texas DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than Texas DWI, but they are the exception and not the rule. The Law office of Ward Maedgen will aggressively fight for the best result inside and outside the courtroom.... [ read more ]