Communities
We Serve
Austin • Buda • Cedar Park
Dripping Springs • Leander
Manor • Pflugerville
Round Rock
Hays, Travis and Williamson County
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Common Police Mistakes
The 12 biggest mistakes police make in DWI cases in Taxas:
- Insufficient Probable Cause to Stop Defendant
- “Invalid” Administration of Field Sobriety Tests
- Failure to Provide Proper Warnings about Statements
- Failure to Read the DIC-24 form properly to the Defendant. This can result in the breath test being suppressed!
- Failure to offer a choice of Blood Test instead of a Breath Test
- Failure to follow the statutory DPS Breath Testing Protocol
- Failing to ask pertinent questions about driver’s medical problems – many medical issues imitate clues of intoxication
- Failing to screen persons who are physically unable to pass the SFST – The police training manual sets out a listing of people who cannot effectively be judged by field sobriety testing
- Failing to move the subject out of view of moving traffic and police lights when administering the “eye” test
- Failing to give proper instructions during the instructional phase of the field sobriety testing – The police manual says that if any one of the test elements is changed, the validity is compromised!
- Failure to give proper instructions during the administration phase of the exercise – The police manual says that if any one of the test elements is changed, the validity is compromised!
- Administering invalid “tests” which are not supported by research studies – This included the “head tilt” test where they ask you estimate 30 seconds in your head with your eyes closed.
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