Herreth Law
Serving Weatherford, Fort Worth And Beyond
817-502-2715

Posts tagged "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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