At first blush, the one-leg stand test may seem like a rather mindless exercise. The ability to stand on one leg for fifteen or so seconds may seem unrelated to the ability to drive a car.
A hard-core fan blamed his team's ineptitude for a serious injury DWI crash outside the Meadowlands in New Jersey.
In most DWI defense matters, intoxication is the only issue. The state can use either direct or circumstantial evidence to prove intoxication. A chemical test that shows a BAC above the legal limit is proof of intoxication as a matter of law. Or, the prosecutor can rely on the circumstantial evidence from the field sobriety tests.
Normally, the walk-and-turn, along with the other approved field sobriety tests, establish probable cause for a DWI arrest. This evidentiary standard is between reasonable suspicion (an evidence-based hunch) and beyond a reasonable doubt. So, it's a rather low standard.
Most people do not associate "blow-and-go" Ignition Interlock Devices and the Eighth Amendment. But this provision prohibits "cruel and unusual punishments." Arguably, the IID falls squarely under that label.
Texas is an implied consent state. When people receive their drivers' licenses, they consent to chemical tests, specifically BAC breath tests. So, many people think that license suspension is automatic if they fail or refuse one of these tests.
Today's Breathalyzer is based on the Drunk-O-Meter, which appeared in the 1930s. So, the Breathalyzer is a very well-established piece of technology. However, the Breathalyzer has also not changed very much since those early models. Thus, the flaws inherent in those early models still remain today.
Pretty much every voter in the Lone Star State knows that Robert "Beto" O'Rourke was arrested for DWI in El Paso in 1998. His arrest, and the subsequent disposition, show how much DWI laws have changed in Texas over the last twenty years.
Breathalyzers make up the vast majority of DWI chemical tests in Texas. Since the Supreme Court ruled that blood tests require search warrants, that will probably remain true for quite some time. Occasionally, Texas law enforcement agencies hold "no-refusal weekends." If drivers refuse Breathalyzer tests, officers will obtain search warrants for blood tests. So, you can refuse a chemical test, and that refusal is effective until they strap you onto a gurney and stick a needle in your arm.
Prosecutors claim that Officer Artie Weathers was intoxicated when he went to pick up his child at Ault Elementary School. He was the sixth Harris County law enforcement officer arrested for DWI between August and September 2017.