TexasCHLforum.com

Oldgringo wrote:

gigag04 wrote:

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

pbwalker wrote:What is it with "Two Beers"? That seems to be the universal answer to "How much have you had to drink tonight?". I see it on all the police TV shows, Cops, TruTV, etc.

Is there some magical occurrence after two beers that people generally don't want to admit to?

Keith B wrote:

One note, if you have an impairment or other type of issue where you are not steady on your feet, you need to make sure the officer knows it before taking a FST. I know of a case where an individual failed the FST due to his swaggered walk and not being able to walk toe-to-heel. The individual (my brother) had to produce documents showing he has MS (multiple sclerosis) and has trouble walking. The prosecutor eventually dropped the charges, but not until he had to do some major 'splainin'.