/ DUI CRIMINAL DEFENSE LAWYER
FORT WORTH, TEXAS
|DWI / DUI FACTS AND INFORMATION
breath test or field sobriety test does not
automatically prove you guilty.
to the federal government, accuracy of field sobriety
tests are as follows:
Walk and turn.............68%
One leg stand.............65%
A Texas DWI Case and the Deciding Factors. In most
Texas DWI cases, there are 3 pieces of evidence that are open to
interpretation of the law.
The police report is only the officer's interpretation.
Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?
Were any statements made by you coerced, taken out of context,
The Intoxilyzer 5000 assumes that everyone has the same blood
breath partition ratio, hematocrit ratio and assumes that all
samples are at an air temperature of 93.2 F. Texas DWI Law
does not utilize any methods which would allow for a retest of
samples given. The computer software is proprietary and is
not available to scientific peer review. There are many
things which have been shown to affect a breath test
score. These machines are generally not available for
inspections by anyone outside of law enforcement. Texas
does not allow for non-law enforcement or government personnel
to become certified as breath test technical operators.
Much of the Texas breath program remains limited to outsiders
despite a generally assumed belief that these machines have
undergone and passed wide general scientific review.
Police make arrests on the basis of probable cause. This
is not the same thing as "beyond reasonable
doubt." It is not a police officer's job to determine
if someone is guilty. Many police offers choose to arrest
on the basis of caution.
There is much technical training for a police officer in the
field of Texas DWI Law. There is no law in Texas which
states they must keep up their training on a yearly or any other
type of basis with respect to standardized field sobriety
training. Many police officers do not make any form of
notes on the side of the road with respect to numerous
details. Most police officers do not include mitigating or
exculpatory information in their reports, mainly negative
Where there distractions during the testing? Were you
nervous or tired during the testing?
If there was a video taping of the event, does it accurately
depict your true state of sobriety at the time, or was it
unfairly effected by perhaps traffic, poor lighting, noise, or
lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause false
cases in Tarrant and Dallas Counties...
Aledo, Arlington, Azle, Bedford, Cedar Hill, Cedar Park, Colleyville,
The Colony, Corinth, Corpus Christie, Dallas, Denton, Euless,
Fort Worth, Haltom City, Hickory Creek, Hurst, Grand Prairie,
Grapevine, Keller, Mansfield, Red Oak, Richland Hills, River
Oaks, Roanoke, Saginaw, The Colony, Trophy Club, Watauga,
Waxahachie, Weatherford, White Settlement, Willow Park.
3149 Lackland Road #102
Fort Worth, TX 76116
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© Copyright 2004 LISA MULLEN, Attorney at Law ~ All Rights Reserved