Category: Sobriety Tests

Debunking The Myth Of The OLS

Field Sobriety Tests

The notion that a defendant’s performance on the one-leg-stand test is a reliable indicator of alcohol intoxication is almost entirely wrong. There are serious problems with this test, and they begin with the vague instructions. Suppose Betty invites Alice to accompany her on a trip to Dallas so Betty can visit her sick mom. Even… Read more »

Attacking The HGN Test In A DWI Case

Horizontal Gaze Nystagmus

In both test and refusal DWI cases, the field sobriety tests are an important component of the prosecutor’s case. In test cases, the FSTs usually establish probable cause for the arrest, a rather low standard which is somewhere between an evidence-based gut feeling and beyond a reasonable doubt. The FSTs are much more critical in… Read more »

Undermining the WAT In A DWI Trial

DWI Attorney Houston

In the United States, the defendant does not have to “prove” anything in criminal court. Instead, to escape punishment, the defendant only needs to create a reasonable doubt in one juror’s mind. The jury can only convict on a unanimous verdict in Texas. So, rather than completely discrediting the walk-and-turn test, and any other evidence… Read more »

How To Win A Circumstantial Evidence DWI Case

How To Win A Circumstantial Evidence DWI Case

In about one out of five cases, the DWI defendant refuses to provide a chemical sample of breath or blood. As a result, the prosecutor must rely on circumstantial evidence of intoxication, and as we all probably know, such evidence is always subject to interpretation. Circumstantial evidence cases are also harder for prosecutors to win… Read more »