Call Today for a Free Consultation

call817-222-0624

How Do Field Sobriety Tests Affect DWI Cases in Texas?

Posted on in DWI

Tarrant County Criminal Defense LawyerIf a person is pulled over on suspicion of driving while intoxicated (DWI) in the state of Texas, there is a good chance that they will be asked to take field sobriety tests. These tests will involve certain types of physical tasks that are meant to help determine a driver's level of impairment and whether they have been drinking alcohol or have used other substances that have affected their ability to operate a vehicle safely. It is important to understand the role that field sobriety tests will play in a DWI case, including their purpose, their validity, and when they can be refused.

Understanding Field Sobriety Tests

When a police officer pulls a driver over because they believe the person may be intoxicated, they will observe the person and look for a reason to perform an arrest. To establish probable cause, or a strong belief that a person has violated the law, the officer may ask the driver to submit to field sobriety tests. These tests are designed to measure an individual’s physical coordination and their ability to follow instructions.

There are three types of standard field sobriety tests (SFSTs) that have been approved by the National Highway Traffic Safety Administration (NHTSA). The horizontal gaze nystagmus (HGN) test will involve an officer asking a person to follow an object with their eyes as they look for involuntary movements. In the walk-and-turn test, a driver will be asked to take several heel-to-toe steps in a straight line, turn around, and walk back to their original position. The officer will be watching to see if the person loses their balance or is unable to follow directions correctly. The one-leg stand test will require a person to stand with one foot raised off the ground for 30 seconds, and if they lose their balance or put their foot down, this may be seen as an indication that they are intoxicated.

...
Continue reading

When Is Deferred Adjudication Available in DWI Cases?

Posted on in DWI

tarrant county DWI lawyerAn arrest for drunk or intoxicated driving can lead to multiple serious consequences. A person convicted of driving while intoxicated (DWI) may be sentenced to time in prison, be required to pay thousands of dollars in fines, and their driver’s license may be suspended. Fortunately, options may be available that will allow a person to avoid a conviction, including deferred adjudication. A person who is facing DWI charges can work with a criminal defense attorney to find solutions that will allow them to move forward successfully after a DWI arrest.

What Is Deferred Adjudication?

To avoid being convicted of a DWI offense, deferred adjudication may allow a person to resolve their case and serve a sentence of probation. In these cases, a person will appear before a judge and admit guilt, but they will not be formally convicted of the charges. Instead, they will serve a sentence of community supervision. If they successfully complete the term of probation without being arrested or charged with another offense, their case will be closed without applying punishments such as fines or jail time.

Deferred adjudication is typically only available in first-time DWI cases. A person will not be eligible for deferred adjudication if they are a commercial driver’s license holder or if a chemical test performed after their arrest showed that they had a blood alcohol content (BAC) of .15 percent or higher. If deferred adjudication is granted, certain requirements may apply during the person’s period of probation, such as regular drug testing, mandatory installation of an ignition interlock device on any vehicles they drive, or community service. Any violations of the terms of probation will result in the revocation of deferred adjudication. Since the person has already admitted guilt, they may be convicted of the DWI offense and face the maximum applicable punishments. 

...
Continue reading

DUI versus DWI in Texas

Posted on in DWI

fort worth criminal defense lawyerWhile you are probably familiar with the abbreviations DUI and DWI, it is not always apparent that the two have different applications—and they are not necessarily interchangeable under Texas law. When you are using the words in everyday conversation the difference is not likely to be important, as most people understand that they are talking about driving under the influence and driving while intoxicated. However, in the Texas justice system, there are several very important differences between the two.

Age and BAC

The charges of DUI and DWI differentiate by age, mostly. Texas has a zero-tolerance policy for under-aged drinking and driving. Anyone drinking before they reach the age of 21 and then drives may face charges for DUI, regardless of their alcohol level. If the blood alcohol concentration (BAC) is equal to or greater than 0.08%, even those under-aged can face the harsher DWI charges. A driver who is over the legal drinking age of 21 who is legally intoxicated while driving on a public road may be charged with DWI.

In this context, “intoxicated” does not mean simply having a drink. To be intoxicated, one must either:

...
Continue reading
Back to Top