Herreth Law
Serving Weatherford, Fort Worth And Beyond

Posts tagged "DWI"

If I Provided a Chemical Sample, Am I Automatically Guilty of DWI?

dwi with child.jpegThis 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.

Some Hidden DWI Defenses

OLS1.jpegIn 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.

Handling Unapproved FSTs in a Tarrant County DWI

DWIs and Child Endangerment Charges

How Do Squad Car Lights Affect Field Sobriety Tests?

hgn.jpegPrior 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.

Undermining the HGN Test

hgn.jpegThe Horizontal Gaze Nystagmus test is one of the three NHTSA-approved field sobriety tests. In almost all DWI cases, the FST results constitute probable cause for the arrest. If the defendant refuses to provide a breath or blood sample, the prosecutor must also use the FST results to establish intoxication beyond a reasonable doubt at trial.

Some Often-Overlooked DWI Defenses

breathalyzer.jpegIn 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.


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