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What is "Normal Mental and Physical Faculties?" 

The "normal mental and physical faculties" the DWI statute refers to are those of the particular person who has been arrested. The term does not refer to the normal faculties of the arresting officer, those of jurors in a DWI criminal trial, or those of a fictitious average person. Indeed, the term "normal" actually refers to a range of measurement of the faculties of the person arrested. For example, "normal" would not be a particular point on a 12" ruler. Rather, it is better explained as the distance between two particular points on the ruler, i.e., between the 3" and 9" marks.

 
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Dallas DWI Criminal Defense Attorneys

Peter Barrett, Esq.
Moore Gunter & Barrett
(Tel) 214-868-8608; (Fax) 214-521-0012

E-Mail: Dallas DWI Lawyer

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