Lack of Evidence
If someone walked up to you at a street corner and told you that they thought they saw you stealing a soda from the corner store and that you were going to jail, wouldn't you expect there to be some proof of the crime? Unfortunately, in DWI cases, this happens all the time. A police officer "suspects" that a person has been driving while intoxicated and makes an arrest. But what does the police officer rely on to form his suspicion? Does he have hard scientific evidence? Does he have observable driving facts? Does he witness the person's walk and demeanor to form an opinion as to intoxication?
When a police officer suspects a crime has been committed, then an investigation is begun, unless it is for DWI. For example, an officer can stop you, pull you out of your car, claim he suspects you to be intoxicated and without any hard scientific evidence, arrest you. Then it becomes the police officer's word against yours - and who do you think wins?
When a police officer makes an arrest for a crime, there should be SOME PROOF that a crime has actually been committed. Without that proof, no person should be arrested and potentially have their life ruined by a false charge. I routinely see police officers arresting people in parked cars with the engine off and without observing any driving facts. They don't obtain any scientifically valid test such a s breath or blood tests, yet they arrest this person, because they "suspect" DWI.
A blood test is the surest means of proving or disproving whether a person is driving while intoxicated. An officer should be required to develop some sort of hard evidence or proof before being allowed to allege someone has committed a crime and arresting that person. That's not to say that blood tests are infallible. They can be wrong, but that is another issue. Without the bare minimum of scientific evidence, how is it possible for an officer to make an arrest based on a perception that an individual has suffered "loss of normal use of their mental or physical faculties", especially when that person does not know how that person acts "normally?"
It should not be able to happen!
If you are ever in this situation, demand your right, under Texas Law to contact your attorney prior to any questioning or interview by the police. Refuse to participate in any physical exercises and absolutely do NOT take the breath test.
