When Driving through Fort Worth city in Tarrant County, Texas, You will see signs that read “DWI- You Cannot Afford It.” Right? When convicted with a first-time DWI offence, it can cost you up to $2,000 in fines, a jail term of up to six months in one of the county jails, a suspension on your driver’s license and other penalties. 

If you are a second offender, the penalties will increase dramatically. So, make no such mistake because the Texas legislature is out there to catch any drunk driver behind the wheel. The majority of DWI arrests are high during the weekend. The law enforcement agencies widen their nets by instituting mandatory blood tests for drivers suspected of intoxicated driving. 

An experienced DWI Fort Worth attorney will help you maybe to minimize or avoid hefty penalties. However, there are essential things you need to understand before making or repeating such mistakes—the state laws regarding Driving When Intoxicated (DWI) are straightforward. 

When caught up, the state law enforcers must prove that the driver was operating a motor vehicle in a public place while intoxicated. The Texas criminal trial and Appellate courts interpret statutes on core elements of the DWI under 49.04. Driving when intoxicated can be determined as a case of intoxication when the state prove intoxication by:

1. Blood alcohol concentration >.08
2. Loss of the regular use of physical faculties
3. Failure of the normal use of mental faculties
4. Breath alcohol concentration >.08

Standardized Field Sobriety Test

The loss of the regular use of physical faculties tests will always come first when the law enforcers have reasonable suspicion. It entails the walk and turns test, horizontal gaze nystagmus test, and one-leg stand test. 

DWI attorneys are trained on every DWI evidence collection technique and procedure. They can challenge officers’ testimony using their very trained manuals. It is vital to note that the tests done are 100% voluntary, and no one should force you to do them if you decide to refrain. 

Not enough evidence and the ability to provide a DWI case beyond a reasonable doubt make it more cumbersome for law enforcers. 

You have the right to remain silent. And remember, police can use anything you do or say in such a situation against you in court. Some of the few things DWI attorneys are trained to challenge in the field sobriety tests in court include:

Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test is among the first administered tests by a traffic police officer. The examination can reveal an introduction to drugs or alcohol upon checking whether there is an involuntary jerking of eyeballs. The manipulations performed on your eyeballs are meant to test for:

• The onset of nystagmus before 45 degrees
• Lack of smooth pursuit
• Sustained nystagmus at maximum deviation

The DWI & DUI attorneys understand that performing HGN tests and providing evidence contradicts a jury and has no essential help to the state as proof of the case.

Walk and Turn Test

After the HGN test, the walk and turn test follows the standardized field sobriety test. It tests the individual’s divided attention—using their body and mind to achieve desired results. Drivers need divided attention, and that is the idea behind the test. 

It involves a police officer instructing the individual to stand in a heel-to-toe position while the arms are down to their side. If you have done it or visualize doing the test, you will realize it is awkward and hard to maintain. 

The police officer will read the instructions of the test as you listen and follow along. The test will provide at least eight clues that a police officer is trained to check. They include:

• Starts too soon
• He cannot maintain his balance
• He keeps on stepping off the imaginary line
• Missing the heel-to-toe
• Using arms to balance
• Stop walking
• Wrong number of steps
• Improper turning

One-Leg Stand Test

One-leg stand test is the final test of SFST. in the test, an individual on suspicion is asked to stand on one leg while the other foot keeps at least six inches off the ground. It is another strange position you can never maintain when intoxicated. The police officer will then read instructions where the individual must count aloud from 1 to at least 20. 

The test will provide the officer with few clues like:

• Hops while attempting the test
• Sway’s while balancing
• Using of the arms to balance
• Puts the foot down during the test

After carrying out the test, the officer will make his opinion as per the results on whether there is probable reason to believe the driver is intoxicated or not. If yes, they will proceed with an arrest.