Just one of many practice areas…
In the state of Texas, a person can be arrested for driving while intoxicated (DWI) or driving under the influence (DUI) if their blood alcohol content (BAC) registers at 0.08% or higher. What few people realize is that it only takes two to four alcoholic beverages to reach this minimum BAC percentage. As a result, hundreds of drunk drivers step behind the wheel every day and put themselves and other motorists in danger of a wreck. Officers also have the right to make a DWI arrest if a suspected drunk motorist refuses to submit to a blood-alcohol or breath-alcohol test.
When an officer suspects a motorist of intoxicated driving, there are very specific procedures that he or she must follow. There are three standardized field sobriety tests that can be administered-the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests-and a blood or breath test can be requested. If an officer fails to properly administer these tests but still makes an arrest, the driver could fight their charges due to police misconduct. Breath tests can also be faulty if the machine was not properly calibrated or administered, so be sure to speak with a criminal defense attorney if you think you may be able to fight your DUI arrest.
