Houston Criminal Defense Attorney

Texas man charged with DWI despite blowing 0.00

According to the Harris County DA's office, Houston has the dubious distinction of having the most DWI deaths in the nation. Nobody denies that drunk driving is a major safety hazard on Texas roads. But when overzealous officers arrest an innocent person on flimsy evidence-or no evidence at all-the accused needs an aggressive DWI defense lawyer.

A recent case in Austin provides a good illustration of law enforcement making an unjustified arrest. Police pulled a man over for allegedly running a stop sign. They then gave the man a field sobriety test and claimed in an affidavit that he appeared intoxicated. He was arrested for DWI and taken to the police station. The man told them he only had one drink and was willing to take a breath test.

When the man blew into the breathalyzer, it came back with a reading of 0.00-meaning no alcohol whatsoever was in the man's bloodstream. The man then offered to take a blood test to confirm he wasn't drunk. It took several months for results of the blood test to come back, but when they did they were also negative.

Last month, prosecutors dismissed the charges against the man. Amazingly, Austin police continue to claim the arrest was justified.

The only evidence police had that this man was intoxicated was his alleged failure to do well on a field sobriety test. Field sobriety tests are tests of balance and coordination, administered by officers at the side of the road. Unlike breath tests or blood tests, they do not purport to be objective measures of intoxication. And they fail to take into account other factors, like fatigue, age and physical condition that could affect a person's ability to perform the test.

Source: Austin American-Statesman, "Despite negative blood and breath tests, man arrested for DWI," Tony Plohetski, Feb. 24, 2014

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