Consistent with the Department’s Critical Incident Video Release Procedure, the Department has published this body camera footage of a DWI Arrest that occurred on December 29, 2023.
My Name is David Volk, I am board certified in criminal law by the national Board of trial advocacy, and I’ve been a special prosecutor in three different counties. I have no connection to this defendant or any of the lawyers involved personally. I reviewed this video and I do not believe he was intoxicated. I don’t hear any slurring of any words, he performed well on all the field sobriety test and if you notice the policeman did the police eye test two times, because he was uncertain and unsure whether or not this defendant had the NHTSA clues of intoxication. Again, this video is very telling just how quick the police department will rush to judgment, even when you were cooperative, and even when you perform well on the tests. He did exceptionally well with all his responses and his body control looks normal under the circumstances, time of night, and what would be his normal physical abilities. I wish this person luck, and in his case as I do not believe there was probable cost to arrest him. Just my two cents.
I don't like that it took him so long to pull over , maybe had he pulled over right away and on the freeway he wouldn't have to have so many test , he didn't drive so well either in my opinion like he was way more to the left side of the lane, he also acted like he didn't understand the simple instructions with the feet and turnaround the officer said twice I'm doing 3 to demonstrate (not that hard to comprehend) I feel like this was like a get back (race) maybe he needed to consent to blood test or the breath test. Hope the best for him I wouldn't have arrested him, I would of told him to order an uber and leave his car at the most maybe even took him home since it was just 2 exit up .
I don't like that it took him so long to pull over , maybe had he pulled over right away and on the freeway he wouldn't have to have so many test , he didn't drive so well either in my opinion like he was way more to the left side of the lane, he also acted like he didn't understand the simple instructions with the feet and turnaround the officer said twice I'm doing 3 to demonstrate (not that hard to comprehend) I feel like this was like a get back (race) maybe he needed to consent to blood test or the breath test. Hope the best for him I wouldn't have arrested him, I would of told him to order an uber and leave his car at the most maybe even took him home since it was just 2 exit up .
I don't like that it took him so long to pull over , maybe had he pulled over right away and on the freeway he wouldn't have to have so many test , he didn't drive so well either in my opinion like he was way more to the left side of the lane, he also acted like he didn't understand the simple instructions with the feet and turnaround the officer said twice I'm doing 3 to demonstrate (not that hard to comprehend) I feel like this was like a get back (race) maybe he needed to consent to blood test or the breath test. Hope the best for him I wouldn't have arrested him, I would of told him to order an uber and leave his car at the most maybe even took him home since it was just 2 exit up .
I don't like that it took him so long to pull over , maybe had he pulled over right away and on the freeway he wouldn't have to have so many test , he didn't drive so well either in my opinion like he was way more to the left side of the lane, he also acted like he didn't understand the simple instructions with the feet and turnaround the officer said twice I'm doing 3 to demonstrate (not that hard to comprehend) I feel like this was like a get back (race) maybe he needed to consent to blood test or the breath test. Hope the best for him I wouldn't have arrested him, I would of told him to order an uber and leave his car at the most maybe even took him home since it was just 2 exit up .
I don't like that it took him so long to pull over , maybe had he pulled over right away and on the freeway he wouldn't have to have so many test , he didn't drive so well either in my opinion like he was way more to the left side of the lane, he also acted like he didn't understand the simple instructions with the feet and turnaround the officer said twice I'm doing 3 to demonstrate (not that hard to comprehend) I feel like this was like a get back (race) maybe he needed to consent to blood test or the breath test. Hope the best for him I wouldn't have arrested him, I would of told him to order an uber and leave his car at the most maybe even took him home since it was just 2 exit up .
O right man the rookie very unprofessional officer responded. I'm a ex peace officer for the state of Texas, and 11 year veteran ( Army) Infantry. Chief MacManus teach your soldiers to respect our people . I'm all about obeying the law. San Antonio police department needs a lot of work, and I really mean a lot.
If they actually have a breathalyzer which most don’t, they would probably let you give a sample. But breathalyzers don’t do a good job of showing whether someone was impaired because of illegal or legal narcotics. So they still might ask you to do the field sobriety tests. Depends on your interaction with them and if it seems like you’re slightly buzzed or falling over yourself.
I do agree but who really knows their abcs backwards and all that. My point is it's also not my fault you're (officers) not prepared and have all the devices you need to perform a field test.
That's a lousy insignificant series of tests ... its more of a process to stress and oppress an individual ... I have seen first hand, viewed plenty of videos other officers put motorists thru a process and it was not this.
Everyone should refuse these test. They are given only to incriminate you in court. Remember, the less you say to them the better. While they are in uniform police are NOT your friend.
The instructions for walking a straight line sure have gotten a lot more confusing... jeez. There are plenty of sober people that could not remember all of that. Dude's out here teaching a dance routine and expecting perfection on the first try... also... no breathalyzer? The driving at the beginning of the video was questionable, but other than that, this guy seemed perfectly sober.
I was given a field sobriety test much like this one when I got pulled over many moons ago. I was barely able to pass them even though I was 100% sober but because I was 100% sober I passed and offered up my breath to prove it. The BCSO that pulled me over read me the riot act but let me go with a verbal warning and because I offered him respect and was honest he did not issue me a citation. I could have got popped with a minor traffic ticket for perhaps a mile or two over the posted speed limit ... Wink face... Don't drink and drink as you can hurt yourself and other people as well. Too much risk
These tests are actually a very accurate way of predicting whether a person is intoxicated or not. These tests have been experimented on over and over. The more the officer is proficient with the tests, the more correct arrests of a BAC over .08 or higher occur. According to the San Diego Field Validation, officers using the horizontal gaze nystagmus test have a 91% correct arrest over .08 BAC. The Colorado Field Validation showed officers having a 86% correct arrest/release while using all 3 tests. And this is just using the tests. We’re not talking about the driver’s driving behavior and answers to Officer questions. Adding all the facts witnessed and the tests, the arrest/release is incredibly accurate. And yes, you can pass the walk and turn if you are sober. There’s a big difference between a sober person being confused by the walk and turn and cognitive and physical impairment from alcohol or narcotics shown during it. I think most people overestimate how much they can actually drink before they show impairment. If you are having two or more drinks at a meal, please have someone drive you home or get an Uber.
Wrong. First, they are not pass/fail tests. There are many clues to observe and there is not a hard rule of who passes and fails. Second, sober people can do these tests fine. Unless they have a physical disability or are severely overweight, these tests are not difficult. Especially the comprehension parts, such as taking 9 steps. Completing these tests often get people out of arrests. For example, If an officer sees poor driving behavior, smells alcohol, and the driver admits to having one beer, that's enough for an arrest. The officer may not be 100% sure the driver is impaired, but that's still a good arrest if they refuse everything else. If that same person completes these tests and then does well, they would not be arrested even though they showed signs of alcohol consumption.
