What are “normal mental and physical faculties?
The “normal mental and physical faculties” referred to in the DWI statute are supposed to be what is “normal” for the particular person who has been arrested. The term is not supposed to refer to the normal faculties of the arresting officer, those of jurors in a DWI criminal trial, or those of a fictitious average person. However, the field sobriety tests and breath test do ironically judge you by the normal standards of a fictitious person. This disconnect between the law and the tests can help if you have a skilled lawyer such as Mr. Threadgill.
