The State has three ways it can prove intoxication. First is proof of an alcohol concentration of 0.08 or greater. Second is proof a person has lost the normal use of their mental faculties. Third is proof a person has lost the normal use of their physical faculties.
In most cases, the State tries to use a breath or blood test to prove an alcohol concentration of 0.08 or greater. Before you make a decision about your case, there are some important things you need to know. Did the police follow the proper procedure when they took the blood or breath sample? Was blood testing conducted properly? Was the machine used to take the breath sample maintained properly? Will the result of your test be admissible in court? The State has to prove what the alcohol concentration was at the time of driving not one or two hours later when the blood sample was taken or the breath test was given. Can they do this in your case? You need a lawyer who knows.
The State can also prove intoxication by proving a person has lost the normal use of their mental or physical faculties. Often, the performance of the accused on field sobriety tests is used as evidence. There are numerous field sobriety tests. Most law enforcement agencies use the standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA). These standardized tests include the Horizontal Gaze Nystagmus (HGN), the Walk and Turn and the One Leg Stand. The value of these tests depends greatly on whether they were administered properly. Did the officer administer the tests properly in your case? Did they follow NHTSA guidelines? You need to know!
What should you do if stopped for DWI? Don't help police gather evidence against you. Politely ask for a lawyer and don't say anything else. The 5th amendment gives you the right to remain silent. Use it! You have the right to refuse any and all field sobriety tests!
