Driving While Intoxicated
If you are reading this you have probably just been arrested for DWI. In Texas, we have taken a "tough" rather that "smart" approach to DWI. No other criminal defendant has his/her rights violated as consistently as a DWI suspect. DWI produces more false convictions than any other crime in Texas. The reason, DWI is an opinion crime. No other criminal case relies on the opinion of one police officer.
You can be arrested for DWI without showing any signs of impaired driving. A police officer can request you perform field tests and then unilateraly and subjectively decide you are "intoxicated."
After arrest we deny suspects the right to an attorney, and the right against self incrimination. The police then request a breath sample against the threat of losing your license. In some counties the authorities actually line up friendly judges to sign fill in blank search warrants for a blood sample!
Field Sobriety Tests
You are under NO obligation to take these tests. An officer can and still will arrest you for DWI. However, these tests are garbage science and should not be attempted lightly.
HGN
Perhaps no more fraudulent evidence exists in criminal law than the Horizontal Gaze Nystagmus test. When an officer tells you to "follow my pen with your eyes" he is setting you up for conviction.
First of all, police officers are taught very little about nystagmus. Most have no knowledge of the dozens of conditions (besides the ingestion of alcohol) that cause nystagmus. Many HGN tests are not scored or performed correctly.
The worst aspect of the HGN is that the test does not show up on video. When the officer testifies in court he will always state that you "failed" the HGN. The video will not show your eyes, or your performance on this test. Never take an HGN test. HGN is garbage science rarely performed correctly, yet almost always admitted against defendants.
If you have taken an HGN test I can help. I have seen enough HGN to know when the test is not performed correctly, when it is invalid, or when you are not a candidate for HGN testing.
Walk and Turn
Can you walk in a line, turn, and walk back? Sounds easy. It's not. If you pass the prosecutor is taught to say that "adrenaline" helped you. If you fail, it is because you are drunk. The Walk and Turn has never been peer reviewed and is not reliable.
One Leg Stand
Don't put your foot down or you go to jail! This test has never been peer reviewed or shown to be reliable. The police will never tell you how you are going to be graded on the OLS. Yet they still hold these secret "clues" against you.
What if I took these "tests"?
Even if you chose to perform these tests there is still hope. Officers regulalry give the wrong instructions, under the wrong conditions, and then draw the wrong conclusions. This is where experience counts. I have seen hundreds of field sobriety performances. Even if you think you "failed" these tests call me!