Until recently, the DWI eye test, which is also known as the Horizontal Gaze Nystagmus (HGN) test, was considered the most reliable of the three tests in the National Highway Traffic Safety Administration three-test battery. Now, it is considered the least reliable one.
Roughly four out of five DWIs involve breath or blood tests (mostly breath tests). The conviction rate in breath test cases is over 80 percent in most jurisdictions, and in some places, it is closer to 90 percent.
Largely since Texas does not have a refusal-to-submit law, about one in five DWI cases are chemical test refusal cases. Refusal-to-submit laws, like the one in Florida, make breath test refusal a separate criminal offense.
In many places, "drugged" driver cause more fatal crashes than "drunk" drivers. So, Tarrant County prosecutors pursue these cases very aggressively. Prescription drugs and marijuana account for a little over half of drugged driving prosecutions in Texas.
Even though Texas is an implied consent state, officials cannot automatically suspend drivers' licenses following DWI arrests. To do so, there must be an Administrative License Suspension hearing to determine if such suspension is appropriate.
In 2018, Texas law enforcement officers arrested over 95,000 Texans for DWI. That figure was almost 10 percent higher than the 2017 arrest total. Prosecutors are very aggressive as well. The number of dismissals dropped sharply in 2018. In other words, Parker County prosecutors almost always pursue DWI cases, no matter how weak or strong the evidence is.
In February 2019, police charged the former quarterback with DWI. Fort Bend County prosecutors recently reduced those charges. And, Young may not even be convicted of that offense.