Just wanted to give everyone a heads up on a defense argument that arose today in court during a pretrial hearing. We use a form blood search warrant affidavit/order, etc. for all DWI stops. The defendant in this case only performed the HGN and when the trooper began to demonstrate the WNT, defendant refused any further tests. The trooper did not mark out the language "I then demonstrated and asked the suspected party to perform the walk and turn test and I observed..." He simply wrote "refused" in both the WNT and OLS portions of the affidavit. Defense counsel claimed the trooper committed perjury and the hearing should not proceed until the trooper sought legal counsel. Perjury involves intent and there was no intent to falsify a document or make a false statement. But in Texas our county judges are not required to be lawyers and therein lies another problem in the judicial system.