Improper DUI and DWI Testing By Jason Trumpler, P.C. on April 16, 2020

Improper DUI and DWI TestingWhen it comes to drunk driving and intoxicated driving, all traffic stops and arrests must be handled with proper care and with existing laws in mind. The roads need to be kept safe, but that does not give law enforcement carte blanche to do as they please. If police have stopped you and you are now facing a drunk driving charge that you would like to fight, speaking with a criminal defense attorney is crucial for making sure you protect your rights.

We would like to take a moment right now to consider how improper testing methods can taint driving under the influence and driving while intoxicated (DUI / DWI) cases.

About DUI / DWI Charges in Texas

In the state of Texas, the legal blood alcohol content (BAC) for most motorists over the age of 21 is 0.08%. For commercial drivers, the legal BAC is 0.04%, given the responsibility of these motorists.

If the stopped motorist is under the age of 21, there is a zero-tolerance policy for alcohol consumption. In some rare cases, the BAC might be 0.02%. Though, an arresting officer may use his or her best judgment concerning underage motorists and BAC. Generally, any alcohol found in the system of someone younger than 21 is grounds for arrest.

What is a field sobriety test?

A field sobriety test refers to a series of "basic" coordination exercises and cognition tests that check a driver's sobriety. The Standardized Field Sobriety Tests (SFTS) include:

  • Eye Test (Horizontal Gaze Nystagmus (HGN) Test)
  • Walking in a straight line (Walk and Turn)
  • Standing on one leg (One Leg Stand)

Some of the other everyday tasks during these field sobriety tests include:

  • Reciting the alphabet
  • Counting backward
  • Touching the nose with arms extended to sides

Flaws and Problems In Field Sobriety Tests

Being pulled over can be a very stressful experience, especially if an officer seems bent on making an arrest. This stress can cause sober people to become very nervous and agitated, leading to them giving the impression that they are intoxicated when they are simply under a significant amount of stress. Field sobriety tests routinely fail in this way, and studies have shown this to be true.

What are blood, breath, and urine tests?

Blood, breath, and urine tests refer to sobriety tests that check a person's BAC using those sorts of samples. You have likely heard of breathalyzer tests before, which examine alcohol concentration in the breath to help measure BAC. But BAC can also be analyzed using blood samples and even a urine sample.

Flaws and Problems In Blood, Breath, and Urine Tests

There have been many cases across the country in which the machines used to measure BAC were not correctly maintained and calibrated. In these cases, people who were sober or were well within the legal BAC had readings that showed that they were intoxicated when that was not the case.

In these instances, it is essential to fight the charge since it can improve standards of law enforcement and also protect other innocent motorists out there.

How Our Legal Team Will Help You

By meeting with a DWI defense attorney, you will have an advocate on your side familiar with laws, codes of conduct, and many prior cases related to drunk driving arrest mistakes. Your attorney will advise you carefully each step of the way. Jason Trumpler has 20 years of experience handling DWI cases.

Learn More About DUI / DWI Cases

For more information about sobriety testing and other matters that would be of interest in DUI and DWI cases, be sure to contact our DWI defense lawyers today. We have offices in Austin and Round Rock. The legal team here has years of expertise that will prove crucial when it comes to fighting on your side in the legal system.

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Jason Trumpler

The Law Offices of Jason Trumpler

Jason Trumpler has handled thousands of criminal cases over nearly 20 years. He is a current or past member of several national, state, and local legal associations, including:

  • American Bar Association
  • Austin Bar Association
  • Williamson County Bar Association
  • National College for DUI Defense®
  • Texas Criminal Defense Lawyers' Association
  • National Association of Criminal Defense Lawyers
  • Austin Criminal Defense Lawyers Association
  • DUI Defense Lawyers Association

Contact our firm online or call us at (512) 457-5200 for a free case review.

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