Driving While Intoxicated is perhaps the most unique criminal charge in Texas, and perhaps the most prosecuted. A DWI is essentially an opinion crime; that is, it is the opinion of the officer whether a person is charged with DWI,and the jury as to whether to convict.
1
The Stop
Contrary to popular belief, the police cannot stop a person unless they have a justified reason for doing so. Although that sounds like a benefit to people, in reality, the police can often justify virtually any stop of a citizen. In a DWI case, the most often cited reasons for the stop are weaving between the lanes of traffic, driving too fast (or too slow), and failing to signal. Once these infractions occur, the office may stop a citizen and begin his investigation into a possible DWI.
2
The Scene - The Basics
Once the officer has stopped a person, they will typically ask for the person's license and insurance information. Although they are certainly seeking to make sure the person is legally driving, they are also on the look out for what are referred to as "clues", or indications of intoxication. In this context, the clues might be having difficulty removing the drivers license, or fumbling the license or insurance card, or not being able to remember where they are. Although the can be honest mistakes, in the mind of a police officer looking for a DWI arrest, they indicate intoxication.
3
The Scene - The Video
Once the officer believes the person is intoxicated, he will have the citizen step out of his car and typically walk to the back of the car. This is done for several reasons. First is the safety everyone involved. However, the primary reason is so the officer can have the suspected DWI offender stand in front of the patrol car because the car is typically equipped with a video camera. This video camera was activated before the officer ever stopped the citizen. The point of the camera is to record everything that happens during the DWI stop. This video can prove to be crucial, because many times it is the critical piece of evidence in a DWI trial. After all, what better way to convince a jury that the citizen was intoxicated than to show a movie of what happened?
4
The Scene - The FSTs
Now that the suspect is positioned in front of the patrol car, and in turn on video, the officer will begin to administer the Field Sobriety Tests, or FSTs. These test were designed by the National Highway Traffic and Safety Administration. Although based on scientific principles, they are anything but scientific. The point of the tests is to determine the existence of "clues" or signs of intoxication. There are three FSTs that are typically administered to a DWI suspect. They include the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test.
5
The Horizontal Gaze Nystagmus Test
The Horizontal Gaze Nystagmus Test is essentially an eye exam. The test is designed to determine the existence of nystagmus of the eye. Nystagmus is the uncontrollable movement, or jerking, of the eye. Police officers, in their limited training, are taught that alcohol causes nystagmus. While this is true, there are also virtually dozens of other reasons why a person might exhibit nystagmus that have nothing to do with the consumption of alcohol. Because of this fact, the officer is trained to evaluate whether a person is a good candidate for the HGN test. However, all too often this is either not done correctly, or not done at all. Additionally, there are a number of other factors that might cause a person to exhibit nystagmus. One such reason is the strobe lights atop most patrol cars. Many times, the officer forgets to turn the lights off. When that happens, the test is invalid and should be suppressed by the court.
Comments - add comment