David E. Cook Attorney at Law
Smart, Experienced DWI Defense

Field Sobriety and Breath Tests

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David E Cook Forth Worth TX DWI Defense AttorneyFort Worth DUI/DWI Defense Attorney

 There are complex laws and legal procedures in Texas regarding the tests used by police to determine the intoxication level of a driver arrested on suspicion of drunk driving. The consequences of incriminating results are harsh.

For example, someone convicted of a first-time DUI/DWI offense in Texas may be subject to administrative surcharges of $1,000 or more per year for three years - in addition to whatever other punishments are decided - in order to keep his or her driver's license or obtain an occupational driver's license (ODL). If a breath test shows your blood alcohol content (BAC) is twice the legal limit, the surcharges can be significantly higher.

Did you fail or refuse a field sobriety test? Call David E. Cook, Attorney at Law, in Bedford TODAY! The sooner our law firm starts working for you, the better your chances of successfully keeping your driver's license and fighting the criminal charge.

Dedicated, Aggressive, Experienced
FREE CONSULTATION •
E-Mail or Call 817-545-3309

Every test raises concerns about reliability, and every test poses potential grounds for challenging the state's case.

Field Sobriety Tests

  • Horizontal gaze or nystagmus test. This is a controversial means of detecting alcohol by measuring the involuntary jerking of the eyes. Outside influences - flashing lights, the glare of oncoming traffic, an officer moving the device too fast or too slow - can produce a false positive.
  • One-leg stand and walk-and-turn tests. Results are not reliable because they can be affected by nervousness, fatigue, old age, overweight, leg injury or a medical condition compromising balance.
  • Portable breath test. Used to detect the presence of alcohol. The number obtained is not admissible in court.

Jail Sobriety Tests

  • Intoxilyzer breath test. Very controversial. The machine's operation may not be reliable, and the results can be skewed by residual alcohol in the mouth from burping, vomiting or a medical condition causing regurgitation. Moreover, if the test is administered more than an hour after you were seen driving, the results can be inaccurate -- your BAC may have gone up between the time of arrest and the time the test was given.
  • Blood alcohol content (BAC) test. If you refuse a Breathalyzer test or are unconscious, some police will obtain a warrant to forcibly draw blood. This raises major constitutional issues.

Contact Us • Free Consultation • Protect Your Rights

Breath and blood alcohol tests can be challenged on many grounds, but it takes a tough-minded and experienced DUI/DWI defense lawyer to challenge the police and the state's experts. Where needed, we will hire our own experts to challenge the testing equipment and the results.

Protect your rights and your freedom! Let Bedford attorney David Cook put his skill and experience to work for you. Contact us TODAY for a free consultation.

David E Cook Bedford TX DWI Defense Attorney

David E. Cook
Attorney at Law
1608 Airport Freeway
Suite 300
Bedford, TX 76022

Phone: 817-545-3309
Fax: 817-545-1366

E-mail

Visit Us at:
www.davidcooklaw.com
www.ftworth-dwi-lawyer.com

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Bedford, Texas, criminal defense attorney David E. Cook handles DUI/DWI cases throughout Tarrant County and the Mid-Cities region, including Bedford, Fort Worth, Arlington, Hurst, Euless, Southlake, Grapevine, Keller, Colleyville, North Richland Hills and Richland Hills.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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