In our last blog entry , we completed analysis of the criminal defense of the Horizontal Gaze Nystagmus (HGN) test.
The next major test a New Braunfels DWI lawyer must overcome is the Walk and Turn (WAT), where the driver is instructed to walk heel-to-toe while counting in a loud voice with each step. In this test, the driver will walk nine (9) steps , turn around, and walk back nine (9) steps. All steps are heel-to-toe. In this test, the arresting officer wants to highlight the inability of the driver to maintain his balance and / or a failure to properly follow instructions.
According to the National Highway Traffic Safety Administration (NHTSA) Manual, there are eight (8) potential clues. If the driver fails on at least 2 of the clues, then the theory goes that the Blood Alcohol Level (BAC) is over the legal limit of .10. During the test, the driver may make mistakes such as stepping off the line. The Manual states the person has failed the test if he steps off the line more than 3x. Any evidence that the driver is about to fall and injure himself is also enough to demonstrate a failure on the WAT.