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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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