Know Your Rights When It Comes To Drinking And Driving Laws In Texas
Understand Field Sobriety Tests For Testing Blood Alcohol Content
The laws regarding drinking and driving and determining blood alcohol content of drivers in Texas are quite strict. Unfortunately, these drunken driving laws are not always clear. It is this lack of clarity that makes fighting a DUI/ DWI in Texas so difficult if you do not have a highly qualified and experienced attorney on your side.
For example, did you know that the roadside sobriety tests have no reliability when it comes to determining whether you have lost the normal use of your mental or physical faculties to the point that you can no longer safely operate a motor vehicle and are drunk driving.
In fact, the following three tests are the only ones that are considered to be somewhat reliable in determining your blood alcohol content:
- Horizontal Gaze Nystagmus (HGN), which involves following a stimulus with your eyes
- The Walk and Turn Test, which involves taking 9 heel-to-toe steps one way on a line and 9 heel-to-toe steps back
- The One Leg Stand, which involves lifting one leg six inches off the ground for no more than 30 seconds
Even these accepted roadside sobriety tests do not ensure 100% accuracy in predicting blood alcohol content. In fact, the HGN is the most reliable --- and drunk driving statistics and other research has shown that it only has a 77% accuracy rate when performed properly. Those are the key words – “performed properly.” In fact, none of these tests have any validity as to whether or not you can safely operate a motor vehicle. THAT’S RIGHT the officers use these tests to determine if you can safely drive yet the tests are not designed for that purpose!!!
If you are stopped by a police officer under suspicion of drunk driving, it is very likely that he will make a mistake when performing one of these roadside sobriety tests. This is why it is important for you to find a Texas lawyer who is skilled in fighting drinking and driving charges.
If you choose to submit to a test for determining blood alcohol content, the smallest mistake can be all that is needed to help get your drinking and driving charges resolved in a positive way.
For more drunk driving information, and what you can do to protect yourself and fight for your rights, talk to our experienced DWI attorneys today!
Call (806) 747-8002 for your free consultation.
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