Successfully defending DWI charges requires extensive knowledge of all the factors associated with DWI arrests, field sobriety testing, breath and blood tests and more.
Police officers use field sobriety tests to make arrest decisions. They believe these help them determine whether a driver may or may not be “intoxicated” – that is, not having the normal use of his or her mental faculties due to alcohol consumption or drug use. While most people associate DWI charges with a blood alcohol concentration that is above the legal limit (.08% or greater), a driver may actually face criminal charges for operating a motor vehicle while his or her abilities are impaired – even if his or her blood alcohol level is within the legal range.
Challenge your Texas Field Sobriety Test Results
The activities you performed on the side of the road did not objectively determine whether you were impaired by alcohol. Police and prosecutors use them to collect evidence against you. The tests cannot be passed because they are judged by negative scoring; thus, you get no credit for doing them correctly. You can easily “fail” field sobriety tests for subjectively technical reasons when you demonstrate no impairment of balance or mental faculties. Proper cross-examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle.
If you or someone you know has been arrested for DWI in Texas, do not wait to contact our firm. At Hamilton Grant PC we are fully committed to protecting your rights and challenging field sobriety test results in order to help you reach a positive case outcome.