Fort Worth DWI Lawyer And DUI Lawyer

Roadside or Stationhouse Standard Field Sobriety Tests

In most DWI cases, the reliability of standardized field sobriety tests comes into question. There is a long list of field sobriety tests, but the most commonly used are referred to as “standardized.” These three tests are supposed to be the most reliable — the horizontal gaze nystagmus test, the walk-and-turn test, and the one leg stand test. The margin for error in these and other field sobriety tests remains far too high for them to reasonably support a conviction for DWI. Unfortunately, everyday people are convicted of DWI based on these tests. This is a topic for discussion with your Fort Worth DWI lawyer.

Horizontal Gaze Nystagmus (HGN)

After a traffic stop, if police smell alcohol they will attempt to collect “evidence,” including asking you to perform what the call the HGN Test. This test is supposed to detect Horizontal Gaze Nystagmus. Nystagmus is a jerking of the eye or a bouncing eye motion that can be caused by multiple factors. Police may see “pendular” movement or swinging back and forth in a regular rhythm like a pendulum or jerking of the eye slowly away from a fixated point and then rapidly correcting (aka saccade). Horizontal Gaze Nystagmus (HGN) is a form of jerk nystagmus where the saccadic movement is towards the direction of the gaze. If HGN is present, it is an involuntary movement of the eye that you cannot control.

Police will testify about six “clues” or three in each eye:

1. Lack of smooth pursuit
2. Distinct and sustained nystagmus at maximum deviation
3. Onset of nystagmus prior to 45 degrees

The officer will testify that if he thinks he sees 4 or more “clues” then you have a BAC of at least 0.08 or you are impaired.

Walk and Turn

After police attempt to have someone perform the HGC “test,” the police will ask you to perform second “test,” the Walk-and-Turn. In reference to a real or imagined line, the officer will give you some variation of these instructions:

1. Put your left foot on the line and put your right foot in front of it with your right heel touching your left toe. Keep your hands at your side. The officer should demonstrate this.
2. Do not start until I tell you to.
3. Do you understand the directions?
4. When I tell you to begin, take nine heel to toe steps on the line, turn around keeping one foot on the line, and return nine heel to toe steps. The officer should demonstrate this, but the officer will likely on demonstrate a few steps.
5. On the ninth step, keep the front foot on the line and turn by taking several small steps with the other foot. The officer should demonstrate the turn
6. While walking, watch your feet at all times, keep arms at side, count steps out loud. Once you begin, do not stop until test is completed.
7. The officer should ask, “Do you understand the instructions?”
8. Finally, the officer will say, “You may begin the test.”

A testifying officer will talk about eight “clues” (2 in instruction phase, 6 in walking phase) that they are looking for. Even though the test is likely on video for the jury to see an make up their own mind, the court will allow the officer to testify about his opinion as to whether you exhibited any clues and ultimately that the office believes you were intoxicated based on the clues the office thinks you exhibited.

One-leg Stand Instructions (OLS)

The third “standardized” DWI Field Sobriety Test is called the One Leg Stand (abbreviate OLS). This is where an officer makes you stand on one leg and count for a length of time. Like with the others exercises, the office is supposed to look for “clues,” and for this test there are four an office will testify about.

An officer will give instructions similar to:

1. 1. Stand with your heels together and your arms at your side. (Demonstrate)
   2. Do not begin until I tell you to.
   3. Do you understand?
   4. When I tell you, I want you to raise one leg, either leg, approximately six inches off the
      ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot.
   5. While holding that position, count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. The office should demonstrate by raising his leg and counting, although not for the same length of time that the office will make you do it.
   6. The office will ask, “Do you understand the instructions?”
   7. Then the officer will instruct you to begin the test.

Far too many variables exist that may cause you to “fail” these tests. When you prepare your defense, your Fort Worth DWI lawyer should thoroughly review the circumstances under which you performed the tests. This may reveal one or more issues that need to be communicated to the prosecutor or jury. Of course, all other aspects of the traffic stop and your arrest require careful scrutiny. Preparing a defense in these cases requires a lot of attention to detail with a skilled eye. Then you need a Fort Worth DWI lawyer that can effectively and persuasively present your defense to a jury.

Do you need a DWI criminal defense attorney?

Deciding to just “take your lumps” can lead to a great deal of trouble later in life.  Many counties, including Tarrant County, will use prior DWI convictions that are more than 25 years old to enhance the punishment and grade of offense for people newly accused of DWI. These cases require a skilled and experienced criminal defense attorney.

In many ways, DWI is treated like a felony despite the fact the first two convictions are only misdemeanors.  Cops are trained to start building a case against you the second they see your car. Everything you say and do is likely being recorded.  So, the police use what are called “Field Sobriety Tests” to create evidence on the recording. These tests require you to do a variety of tasks that people do not do in their normal daily lives, but later prosecutors will argue that your performance on these tests indicate a loss of normal mental or physical faculties.  After making you do these tests on the roadside you will be asked to provide a breath or blood specimen.  Generally, the best thing to do is be very polite and decline any tests (roadside or jailhouse).  Do not let them manipulate you into providing them with evidence that can be twisted around to convince a jury that you were DWI.

Texas DWI Laws and Penalties

First Offense DWI (Class B Misdemeanor):

1. 1. • Up to $2000 fine
      • Minimum 72 hours in jail (MANDATORY)
      • Maximum 180 days in jail
      • Up to 2 years Probation if eligible

First Offense DWI with 0.15 or higher BAC (Class A Misdemeanor)

1. 1. • Up to $4000 fine
      • No minimum jail time
      • Maximum 1 year in jail
      • Up to 2 years Probation if eligible

Second Offense DWI (Class A Misdemeanor):

1. 1. • Up to $4000 fine
      • Minimum 30 days in jail (MANDATORY)
      • Maximum 1 year in jail
      • Up to 2 years Probation if eligible

Third DWI Offense (3rd Degree Felony):

1. 1. • Up to $10,000 fine
      • Minimum 2 years in jail (MANDATORY)
      • Maximum 10 years in jail
      • Up to 10 years Probation if eligible

There are circumstances that could result in an ENHANCED FELONY DWI charge and enhanced penalties if you are convicted: DWI With Child Passenger (State Jail Felony):

1. 1. • Up to $10,000 fine
      • Minimum 6 months in State Jail Facility (MANDATORY)
      • Maximum 2 years in State Jail Facility
      • Up to 5 years probation if eligible

DWI Assault (3rd Degree Felony):

1. 1. • Cause serious bodily injury to another person as a result of operating a motor vehicle or watercraft while intoxicated
      • Up to $10,000 fine
      • Minimum 2 years in prison (MANDATORY)
      • Maximum 10 years in prison
      • Up to 10 years probation if eligible

Intoxicated Manslaughter (2nd Degree Felony):

1. 1. • Cause the death of a person as a result of operating a motor vehicle or watercraft while intoxicated
      • Up to $10,000 fine
      • Minimum 2 years in prison (Mandatory)
      • Maximum 20 years in prison
      • Up to 10 years probation if eligible

Texas DUI (Driving Under the Influence) Punishment

For minors convicted of operating a motor vehicle with any detectable amount of alcohol:

First and Subsequent DUI Convictions: A first time DUI conviction is a Class C Misdemeanor. It carries with it a fine that is not to exceed $500.00. It is important to note that if an individual charged with a DUI has 2 prior convictions for DUI, the punishment goes up dramatically. The fine for an individual with 2 previous convictions is not less than $500.00 and not more than $2,000.00. In addition, a judge may give that individual a jail sentence of up to 6 months. In addition to fines and possible jail time, the Department of Public Safety will suspend an individual’s license.