Wednesday, April 06, 2005

Field Tests Can Make You Look Drunk Even If You Haven't Had Anything To Drink!

Would you believe there's a disease that can cause some people to fail a field sobriety test... even when they're sober?

It's true.

But an Austin man tells a TV Station in Austin the police wouldn't listen to him.

Walking a straight line is difficult for Daniel Norton. He suffers from a condition called Meniere's Disease. It affects the inner ear, and is typically characterized by episodes violent dizziness. The kind of dizziness you feel after riding on a merry-go-round. The disease throws Daniel off balance.

Which is why he says he failed a field sobriety test last November.

According to police records... " Daniel was clocked going 50 miles per hour in a posted 35 mile-per-hour speed zone.

But he was arrested for "driving while intoxicated"... because he failed a field sobriety test.
According to police reports... Daniel "lost balance" and "swayed" during the test. Daniel says after the arrest... he tried to tell the officer about his medical condition... but it fell on deaf ears.

He took a breathalyzer test.
But it didn't matter that the test reported a blood alcohol level of zero. Daniel went to jail anyway.

An Austin ear, nose, and throat specialist confirmed Daniel's claim that he has Meniere's Disease.

Well, as you see this poor gentleman provided a sample of his breath, It showed NO ALCOHOL in his system, yet, he was still charged with a DWI.

So I say again, I just can't see a benefit of providing a sample of your blood or breath.

Providing a sample below .08 doesn't mean you get to go home. You will still be charged with a DWI! And, heaven forbid it is above .16, you could be faced with a bill from DPS of $6,000 just to keep your driver's license.

If you or a friend or family member is charged with a DWI, please call me. We can help.

Click here to find out more about Austin DWI Defense