Tests and DWI Indicators

DWI Tests and Indicators

When a police officer suspects a driver of DWI in North Texas, they typically look for several indicators and may administer different types of tests:

Indicators of Intoxication

These are observations made by the officer during the initial traffic stop and interaction with the driver. Common indicators include:

• Odor of Alcohol: The smell of alcohol emanating from the vehicle or the driver’s breath.
• Slurred Speech: Difficulty in articulating words clearly.
• Bloodshot Eyes: Redness or glassy appearance of the eyes.
• Unsteady Balance/Movements: Difficulty maintaining balance while standing or walking.
• Fumbling: Trouble with motor coordination, such as when reaching for documents.
• Confusion: Appearing disoriented or having difficulty understanding instructions.
• Erratic Driving: Observations of the vehicle swerving, speeding, braking abruptly, or other unsafe driving behaviors that led to the stop.

Field Sobriety Tests (FSTs)

The field sobriety tests (FSTs) are a series of physical and cognitive tests administered roadside to assess a driver’s coordination, balance, and ability to follow instructions.  The three standardized FSTs approved by the National Highway Traffic Safety Administration (NHTSA) and commonly used in Texas are:

• Horizontal Gaze Nystagmus (HGN): This test involves the officer observing the involuntary jerking of the eyes as the driver follows a moving object (like a pen) with their eyes. Intoxication can cause nystagmus (jerking) to occur earlier and more distinctly.
• Walk-and-Turn (WAT): The driver is instructed to take nine heel-to-toe steps along a straight line, turn in a specific manner, and take nine heel-to-toe steps back. Officers look for clues such as losing balance, starting too soon, stepping off the line, using arms for balance, improper turn, and incorrect number of steps.
• One-Leg Stand (OLS): The driver is asked to stand on one leg, with the other leg raised about six inches off the ground, and count aloud for approximately 30 seconds. Clues of intoxication include swaying, using arms for balance, hopping, and putting the foot down.

Important Considerations for FSTs:

• Voluntary Nature (in Texas): In Texas, you have the right to refuse to take field sobriety tests without automatic license suspension penalties (unlike chemical tests). However, officers may still use your refusal or performance as part of the probable cause for arrest.
• Accuracy Limitations: FSTs are not perfectly accurate and can be affected by factors other than alcohol, such as fatigue, medical conditions, nervousness, uneven surfaces, and improper administration by the officer.

Chemical Tests

These tests measure the Blood Alcohol Concentration (BAC) in the driver’s system and are considered more scientifically reliable than FSTs. In Texas, the legal BAC limit for drivers over 21 is 0.08%. Chemical tests include:

• Breath Test: Usually administered using a device like the Intoxilyzer 9000. It measures the alcohol content in the breath, which correlates to the BAC. Refusal to submit to a breath test can lead to an automatic driver’s license suspension under Texas’s implied consent laws.
• Blood Test: Considered the most accurate measure of BAC. Blood draws typically require a warrant unless consent is given. Refusal can still lead to a warrant being obtained. Blood tests can also detect the presence of drugs.
• Urine Test: Less commonly used in DWI cases as it’s not as accurate in determining real-time impairment.

Call The Beltz Law Group To Defend Your DWI

Every minute counts when facing a DWI charge. Your rights need immediate protection, and the clock is ticking on critical deadlines, like the 15-day window to contest your driver’s license suspension.

Don’t navigate this challenging time alone. Take immediate action to protect your future and your driving privileges.

Call Beltz Law Group right now for a confidential consultation. Our experienced North Texas DWI defense team is ready to listen, assess your situation, and start building your defense today.

Your best defense starts with a single call.

Contact Beltz Law Group at 214-321-4105.