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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: 

  HGN test......................77% 

  Walk and turn.............68% 

  One leg stand.............65%

Evaluating 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.

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?

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 sobriety.

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 Tests" [SFSTs]. 

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 during instructions
  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 the officer)
  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 police.