Legal Question in Criminal Law in Texas

Public Intoxication Question? I pulled in to a local store after a few buddys and me were coming from a night club. I got off and enter the store. I stayed in the store for about ten mintues grabing a bite to eat. When i came outside a officer asked me to step aside with him. He ask me why i pulled in to the parking lot driving fast. I didnt see him at the store when i pulled up, i asked him did you see me pull in fast. The officer anwser and said that a State Game Warden had seen me driving fast, and called it in. The Game Warden step outside his car and came to us. The officer asked me if i had been drinking, I told him i had a few drinks and that i was going home. I asked the Game warden if he had seen me driving fast and if so why didnt you asked me to step aside with you. He didnt anwser me, the officer then asked me if i would take a field sobriety test. I said sure, why not. The officer got his pen out and began to move it up and down. After passing it the officer then told me i failed it. After laughing to myself he looked at me and said " I'll just give you a breathalyzer test. I looked at the officer and said no, I dont think so. He told me if i was going to comply, i said i did with the field sobriety test. He told me again, and i said no. They placed me under arrest and took me in.How do i go about fighting this charge in court?


Asked on 4/06/11, 2:28 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You are lucky. You could have been charged with driving while intoxicated, especially if you were as arrogant as your question makes it seem you were. The officer did you a favor by arresting you for PI before allowing you to get back into your car and drive, at which time he could have arrested you for DWI.

How do you know you passed the horizontal gaze nystagmus test? You do not even know what they were looking for? The point of that test is not whether you can follow the pen but whether your eyes demonstrate nystagmus - distinctive jerking at maximum deviation - something that you cannot see or feel on yourself.

Public intoxication means that you were a danger to yourself or others. It does not require that the officers give you any tests - field sobriety or breath test. But, since they offered you both & you refused then the prosecutor will argue that you failed the HGN test, that your driving indicated impairment, and that your refusal to do any additional tests is why there is no additional information for the jury to consider.

If you want to fight this in court, you need to hire a lawyer.

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Answered on 4/11/11, 2:11 pm


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