Driving While Intoxicated charges are some of the most difficult and technical cases to defend. Particularly, when a person provides a breath test sample to the police upon their arrest for DWI, a host of techincal issues arise that the qualified criminal defense lawyer must be familiar. This is the first of several posts to [...]
The horizontal gaze nystagmus ("HGN") test is one used by police officers to establish probable cause to arrest a person for DWI. In theory, when used in combination with other field sobriety tests, HGN supposedly helps police officers correctly distinguish suspects who are under the influence of alcohol from those who are not. The test [...]
When a citizen is suspected of driving while intoxicated (DWI) they have the absolute right to refuse field sobriety testing, to refuse submitting to a breath or blood test, and to refuse to answer any questions that may incriminate themselves. However, the latest craze among Texas jurisdictions is for the police to obtain a search [...]
The following information may be helpful for those accused of an alcohol related or DWI offense: DUI means Driving Under the Influence and is only for persons under 21 with any detectable amount of alcohol in their system. A DUI charge is only for detectable amounts of alcohol - it does not mean [...]
Field Sobriety Tests, or "FSTs" as they are called by law enforcement officers in Texas, may include any of a dozen or more exercises. The more commonly encountered are: finger-to-nose, walk-and-turn, one-leg-stand, horizontal gaze nystagmus (HGN), the Rhomberg test, fingers-to-thumb, reciting the alphabet, and hand pat. Contrary to popular belief, you are not required to [...]
A "Breathalyzer" is a specific brand of breath-testing machine, but it has become a generic term for many brands and models - much like "Xerox" and "Kleenex" have become generic terms. In Bryan and College Station, Texas, the breath machine used in DWI/DUI cases after arrest will usually be an Intoxilyzer 5000. In addition, some [...]
Convictions for certain Texas criminal offenses may result in a mandatory suspension of your Bryan|College Station driver’s license. The following guide lists the criminal subject matter of mandatory suspensions, the potential length of the suspension, and the legal reference for each crime and suspension. Subject Matter Suspension Legal Reference Criminally Negligent Homicide 1 year [...]