Legal Question in Criminal Law in Texas

Field Sobriety/Blood alcohol <1.0

That's a judgment call for the police and for the prosecutor. It is sufficient for the office to believe that the defendant was "Not having the normal use of mental or physical facilities be reason of the introduction of alcohol ...into the body. (Tx Pen Code 49.01(2)(A). You CAN be arrested for DUI without ever having had a drop to drink. if the COP - in his experoienced mind feels that you are. The tests are only an aid to proving the charge.

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Texas DWI question

The key issue is not were you .10, but rather did you have control of you mental and physical faculties. Hence, if the officer said you failed the feild test you have a problem. The intresting thing obout your case is that you passed the HGN. I would like to see what other trials the officer testified in and if he ever testified about the great reliability of the HGN test. Sounds like you have a good jury trial case and one which needs careful handling. If you have the money, a good HGN expert would be a great benefit to you. I would be happy to help, please give me a call.

Breath test declares you sober, but human says you are drunk...

Alcohol is eliminated from the body over time and it is the alcohol concentration at the time of driving which is important, so passing the test is not a "be all, end all" just as failing a breath test does not mean that a person is guilty. It is, however, strong evidence, depending on timing and other circumstances. Not having the "normal use" of your mind or body could be enough. You may have a case which can be tried. You should seek competent local counsel.