Most people have undergone a Horizontal Gaze Nystagmus test at one time or another. Doctors use it to look for signs of neurological problems. Usually, the test administrator instructs the subject to follow a moving point, such as a fingertip, just by moving their eyes. If the pupils move involuntarily, the person probably has nystagmus.
Maybe television pitchman Timothy Williams should have booked a room instead of driving on the freeway in his hometown.
All criminal cases have collateral consequences. For example, when people Google your name, some very unflattering images and entries may appear at the top of the page. Furthermore, many people must miss work to attend court appearances. Finally, criminal proceedings usually hang over people like dark clouds until they are resolved.
This question comes up a lot, because most DWI cases in Tarrant County are test cases. Sometimes, defendants do not fully understand their right to refuse a breath or blood test. Other times, quite understandably, defendants want to cooperate with law enforcement so they do not make deep legal holes even deeper.
In most DWI cases, intoxication or sobriety is basically the only issue. If the defendant provided a chemical sample, and that sample's BAC level was above the legal limit, the defendant is normally guilty as a matter of law.
In a nutshell, the answer is "no," but it is very difficult to defend these cases, at least for the most part.
Prior to the FSTs, many officers make some accommodations. They normally do not require people with prosthetic legs to perform the one-leg stand test and they sometimes give women the chance to take off high-heel shoes prior to the walk-and-turn test. If officers deny needed accommodations, the test results are skewed.