What if I get pulled over and suspected of DWI?
In Texas there are only three sobriety test considered to be valid. Of those tests the National Highway Transportation Administration (“NHTSA”) has determined they are accurate only a percentage of the time and many factors interfere with their reliability.
How accurate are field sobriety tests:
* HGN 77% This is the eye test that looks for involuntary jerking in the eyes.
* Walk and turn 68% This Is the nine step walk and turn test.
* One leg Stand 65% This test requires you to elevate your foot and watch the tip of your toe and count out loud for a period of time.
In addition to their inaccuracy citizens are faced with officers that are improperly administering the sobriety tests in accordance with NHTSA standards and procedures. When these tests are improperly administered citizens are set up for failure.
It is important to have an attorney that is trained in performing these sobriety tests so he or she can determine if they were administered correctly. Improperly administered tests are a sure setup for failure.
When an attorney is trained in these procedures he or she can properly cross examine an officer regarding why they deviated from standard NHTSA procedures. If an officer deviates from set procedures, a citizen may be held to a higher standard and get convicted based on invalid tests and poor police work.
Officers are humans that rely on testing machines to determine the intoxication levels of the person they are arresting. We all know that humans can make mistakes, and that machines can be faulty.
Although I can not guarantee a not guilty verdict, my office is dedicated to investigating all aspects of your case so you can have the best possible defense given your situation.
* Erick Platten is a member of the National College for DUI Defense
* Erick has completed the following courses on Alcohol Breath Testing and Field
Sobriety testing:
* Standardized Field Sobriety Testing-Practitioner Certification
* by Walden, Platt & Associates Bryan, Texas
* Alcohol Breath Testing-The Stephen Rose M.D. Course on Alcohol and Highway Safety:
* Intoxilyzer 5000 Maintenance Technician Certification*
* Intoxilyzer 5000 Operator Certification*
* by C.E.S. Consulting Inc. West Palm Beach, Florida
No one knows just how far one can go unless they try.
T.S. Elliot
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