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Houston Criminal Defense Blog 2009 December DWI Field Sobriety Myths
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DWI Field Sobriety Myths

Posted By Herman Martinez || 17-Dec-2009

As a Houston DWI lawyer I review DWI field sobriety tests daily. It troubles me how police officers score these tests and how they lack the necessary detail in their reports. By routinely doing this it illustrates their lack of knowledge of the DWI tests and their zeal for a DWI arrest. The officers mislead the prosecutors by omitting crucial information and subscribing to the field sobriety myths that have developed over the years. For example, officers routinely state that a person uses their arm for balance when performing the DWI field sobriety tests and indicate that as a clue. However, a person is allowed to use their arms for balance so long as it not more than six inches away from their side.

In fact, during the instruction phase of the walk and turn test a person is allowed to use their arms for balance so long as they maintain the start position. Another myth is that a person must touch heel to toe when performing the walk and turn tests. This is incorrect a person is allowed a half an inch between their heel and toe when performing this portion of the test. Most officers do not realize this despite it being in their manual for DWI detection. With the help of an experienced DWI Attorney you should be able to uncover the officer's lack of knowledge of the field sobriety tests.

Categories: DUI, DWI

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