LAW ON
DWI / TEXAS DWI LAW & FACTS
DRUNK
DRIVING IS VERY SERIOUS!
|
Know Your
Rights
THE LAW
ON
DWI FACTS
In The State Of Texas |
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:
According to the federal government, accuracy of field sobriety tests
under ideal conditions are as follows:
HGN test......................77%
Walk and turn.............68%
One leg stand.............65%
* at .10 BAC. |
Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.
The law states that in most Texas DWI cases, there are 3 pieces of evidence open to one
interpretation of the law, include breath test/chemical tests ( were the
regulations followed? What is the validity due to lack of regulations).
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. 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 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?
By retaining an attorney today, you will be aware of your
rights! Police reports, breath test results, and video tape will be reviewed in
an effort to uncover possible defenses that you may not be aware of.
David B.
Frank - Attorney At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
512 - 499 - 0969 Office
512 - 499 - 8220 Fax
FOR IMMEDIATE JAIL RELEASE
CALL 512-494-8506 or 1-800-490-2192
David Frank Criminal DWI Criminal Defense Trial Attorney in Austin, Texas 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, Cedar Park, San Marcos, Bastrop, Central Texas areas.
"Board Certified in Criminal Law by the Texas Board of Legal Specialization"
 NHTSA Certified Standard Field Sobriety Test Practitioner
Reproduction of any material on this site without written permission is strictly prohibited.
© Copyright 2002-2008 David
B. Frank, Attorney at Law. All Rights Reserved.
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