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DUI test accuracy not perfect

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    November 24, 2013 /24-7PressRelease/ -- DUI test accuracy not perfect

Drivers in Dallas and around Texas know the dangers associated with drunk driving. As with fatigued, reckless or distracted drivers, a drunk driver increases the chance of an accident for any other motorist, bicyclist or pedestrian on the road.

The Century Council statistics show that 1,213 people died in Texas in 2011 as a result of a motor vehicle accident involving alcohol. Drivers with a blood alcohol content of 0.15 or more accounted for 70 percent of those deaths.

Texas has stringent DUI laws in place with equally harsh penalties for anyone convicted of a DUI. Drivers facing such charges, however, should be aware that the methods used to test for intoxication are not always accurate.

Police office discretion

The first type of test that any driver is subject to in a DUI case is a field sobriety test. There are many different tests that fall under this classification but all are administered at the site of the stop and under the watch of the officer who stopped the driver.

The three most common field sobriety tests are:-One-legged stand

Drivers are requested to balance on one leg and count out loud for approximately 30 seconds.-Walk and turn

Drivers are asked to walk in a straight line moving their feet heel-to-toe for nine steps, turn around and walk back, also in a straight line.-Horizontal gaze nystagmus

Drivers are asked to follow a light with their eyes as the officer moves it. Nystagmus is the name for an eye twitch that results when a person looks very far to the side with his or her peripheral vision. When under the influence of alcohol, this twitching occurs at less of an angle.

Passing or failing each of these tests is determined by the subjective discretion of the police officer administering the tests. There can be many factors that affect a person's ability to properly execute these tasks.

For example, if a female driver is in high heels and it is icy outside, her ability to balance on one leg for the duration expected by the officer is naturally limited. Similarly, some medical conditions could interfere with this or the ability to walk heel-to-toe without wobbling.

Further investigation can be helpful

Even the more scientific chemical DUI tests are known to have the potential for false positive readings. This makes securing a good DUI defense very important, especially when considering the severity of the penalties involved if a conviction is achieved.

Any driver who has been arrested for a DUI should locate and consult with an experienced lawyer to ensure that all proper forms of defense are utilized.

Visit us at dallas-dwiattorney.com/

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