DWI – three letters which could ruin your life. Sablatura Williams represents good people all across Texas charged with DWI. The consequences of DWI are too high; loss of employment, driver’s license surcharges, fines and fees. You simply must have an aggressive, experienced DWI trial lawyer on your side.

Our firm combines education, experience and efforts to concentrate your DWI case with particularized care. We have a track record of dismissals and reductions, and while each case is different, our attorneys’ focus will be for your complete exoneration.

Below is some general information concerning our firm’s DWI defense strategies. As each case is different, please feel free tocontact us to schedule an appointment for a consultation to meet your specific situation.

1. What you must do after being arrested for DWI
2. WARNING!!!! Your Driver's License is in Jeopardy!
3. Field Sobriety Tests
   1. HGN (Eye Test)
   2. Walk & Turn
   3. One Leg Stand
4. Why FSTs are voodo

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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1. & 2. What You Must Do After a DWI Arrest

1. Call our office immediately at 512-258-9111 (phones answered 24 hours a day). If you or your loved one is in jail, our office can assist you in jail release.
2. Meet with a Sablatura Williams attorney as soon as possible, within the next 15 working days.
3. Request ALR: You have 15 days from the date of arrest to request an ALR hearing. This keeps your Texas Driver's License from being suspended. ALWAYS request this hearing. There are important strategies to utilize by the ALR process.
4. Fight your DWI to the last breath. A guilty verdict at jury trial is the same as a no contest plea bargain. Always, always, always fight - the consequences are too high.

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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3. Field Sobriety Tests - The Officer's Opinion vs. your Lawyer

What Are Field Sobriety Tests?

Field Sobriety Tests (FST's) are psychophysical tests used to assess a person's physical and/or mental impairment. These tests are "divided attention tasks," requiring you to concentrate on more then one task at the same time. FSTs are not meant to be easy!

The most common FSTs are the three standardized tests: Horizontal Gaze Nystagmus test, Walk & Turn test, and the One Leg Stand test. The National Highway Traffic Safety Administration approved these three tests - and only these three tests - to show indications of intoxication, but only when administered in the prescribed manner!

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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3.1 Horizontal Gaze Nystagmus (HGN) - The Eye Test

This test refers to the involuntary jerking of the eye as it gazes to the side. When this occurs, the person is unaware of the jerking, and cannot control it. This involuntary jerking becomes noticeable as persons' blood alcohol increases.

When the HGN test is administered, the officer holds a stimulus 12-15 inches in front of your eyes and asks you to follow the stimulus without moving your head. The officer should start with the left eye, looking for 6 total clues. Most importantly, there is a standardized pace the officer is to have the eyes move side to side - if the standard is not followed by the book, the HGN results must be thrown out!

• Lack of Smooth Pursuit in each eye: Law enforcement will attempt to say that nystagmus is visible as they tract the movement of your eyes from side to side. From the center of the face, they are to move the eye all the way out to the side in approximately 2 seconds, then 2 seconds back to center, approximately 2 seconds to the other side, and 2 seconds back to center, repeating the test. If they move too fast, they are doing the test wrong and in fact creating nystagmus!
• Distinct Nystagmus at Maximum Deviation in each eye: Next, law enforcement will take their stimulus (the pen) and move your eyes as far to the side as possible. They must hold that position for a minimum of 4 seconds. Did you know that some people have naturally occurring nystagmus in this position - without a drop of alcohol in their system? And once again, if law enforcement does the test too fast, they're doing it wrong!
• Onset of Nystagmus Prior To 45 Degrees in each eye: Finally, law enforcement will take and hold the stimulus to a 45 degree angle (approximately your shoulder), and must once again hold it for 4 seconds per eye, per pass.

With all this, the HGN test has a failure rate of 23 percent!

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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3.2 Walk and Turn DWI Test

The walk and turn has two phases; instructional and walking. During the instruction phase, you must awkwardly stand with the right foot directly in front of the left foot with the heel and toes touching, keeping your arms at their side, while listening to the instructions. Law enforcement is intentionally making you concentrate on odd instructions at the same time you're standing in a precarious position! The officer usually takes 45 seconds to 2 minutes to explain the test while you standing there one foot in front of the other: use your arms for balance in this awkward position or step out of position, and they'll use it against you!
During the walking phase, you will take 9 heel-to-toe steps in a straight line, turn in a series of small heel-to-toe steps, and then return taking 9 heel-to-toe steps back, all the while counting the steps out loud. The officer is now making you count, walk, focus, and think all at the same time under enormous pressure!
The officer is looking for 8 specific clues:

• Can't balance during instructions;
• starts too soon;
• stops while walking;
• doesn't touch heel-to-toe;
• steps off line;
• uses arms for balance;
• loses balance on turn or turns incorrectly; and
• takes the wrong number of steps.

This test is 32 percent inaccurate! Why?

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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3.3 One Leg Stand DWI Test

This divided attention test consists of the instruction phase and the balance & counting phase. During the instruction phase, the person must stand with their feet together, keeping their arms at their side while listening to the instructions. One's attention is divided between keeping their balance and listening to and remembering the instructions.

During the balance & counting phase, the person must raise one leg approximately 6 inches off the ground, arms at their side, toes pointed out and looking at the pointed toes, and keeping both legs straight. While looking at their toes, they are to count 1001, 1002, 1003, etc. until they are told to stop. The test is to last for 30 seconds and the officer is supposed to time the test. During the test, if at anytime a person puts their foot down, they are instructed to pick it back up and continue counting where they left off.

The officer is looking for 4 specific clues:

• sways while balancing;
• using arms for balance;
• hopping; and
• putting foot down.

The original research has shown that if 2 or more clues are present (i.e. putting foot down 1 time and having a couple seconds of sway), the person is intoxicated. This test has been shown to be accurate 65% of the time; therefore, it is inaccurate 35% of the time! Why?

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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4. Why FSTs (Field Sobriety Tests) are Voodo

HGN:

Did you know that nystagmus is a natural, normal phenomenon - and everyone has it? Alcohol and certain drugs do not cause it! In fact, look what the courts have said about nystagmus:

Nystagmus can be caused by problems in an individual's inner ear labyrinth. In fact, irrigating the ears with warm water or cold water...is a source of error. Physiological problems such as certain kinds of diseases may also result in gaze nystagmus. Influenza, streptococcus infections, vertigo, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff's Syndrome, brain hemorrhage, epilepsy, and other psychogenic disorders all have been shown to cause nystagmus. Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. (Quoting Pangman, Horizontal Gaze Nystagmus: Voodoo Science, 2 DWI J. 1, 3-4 [1987]; State v. Witte, 251 Kan. 313, 326, 836 P.2d 1110, 1119 (1992).

Also, as stated above, the officer must perform the HGN test by the book...

• If the officer is off a few seconds here or there;
• If lights are flashing in your eyes;
• If you've ever had a head injury;
• If you've ever had eye problems;
• If you're wearing contacts;
• If you're epileptic;
• If if if...

the test should be thrown out - and we'll fight to get it that way!

There are numerous, complicated factors into the HGN test - many opportunities for mistakes!

Walk & Turn and One Leg Stand:

Try these next two tests in your living room, completely sober, and email us on how you did!

Officers will testify that everyone should be able to adequately perform the walk and turn and one leg stand. However, the National Highway Traffic Safety Administration, through their extensive research, has acknowledges that:

• sober people have difficulty with balance;
• these tests lose their sensitivity if repeated;
• leg problems can affect these tests;
• back problems can affect these tests;
• middle ear problems can affect these tests;
• weight can affect the tests;
• age can affect the tests;
• footwear can affect theses tests; and
• weather conditions can affect the tests.

If you are arrested for DWI (Driving While Intoxicated) in Williamson, Travis or Hayes County, or Austin, Round Rock, Georgetown, Pflugerville, Leander, Buda or Kyle, Texas, please contact us as soon as possible.

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