DWI & DUI FACTS

DWI cases can be resolved. I have over 21 years of legal experience and as an attorney who practices criminal and DWI defense, I want to explore your case with you with a free initial consultation.

You need to know your legal rights!

What you don’t know about DWI law can hurt you.

Did you know?

  • Your license may be suspended for a minimum of 90 days if you took a breath (intoxilizer) test when you were arrested.
  • Your license may be suspended for a minimum of 180 days if you refused a breath (intoxilizer) test at the time of your arrest.
  • You have 15 days from the date of your arrest or notice of driver’s license suspension to contest (and possibly avoid) the suspension.
  • Even if your driver’s license is suspended you may petition the Court for an occupational license, allowing you to drive to work, school, or other necessary places.
  • If convicted of DWI you may be subject to an annual surcharge of $1,000.00 or more, each year for 3 years just to keep your license.

DWI cases can be resolved!

In most cases, there are 3 pieces of evidence that are open to interpretation of the law:

Police Reports
The police report is only the officer’s interpretation:
♦Did the police officer stop you for a valid reason?
♦Were any statements made by you misinterpreted, taken out of context, or even coerced?

Field Sobriety Tests:
A breath test or field sobriety test does not automatically prove you guilty. Many police offers choose to arrest on the basis of caution. Arrests are made on the basis of probable cause which is not the same thing as “beyond a reasonable doubt.” It is not a police officer’s job to determine if someone is guilty.

Did You Know?
According to the federal government, accuracy of field sobriety tests are less than 100%. They are as follows:

♦ HGN test………………..77%
♦ Walk and turn………….68%
♦ One leg stand…………..65%

How is your normal balance and coordination?
Were you nervous or tired during the testing?
Where there distractions during the testing?
Do you have any physical disabilities that can cause false results?
If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly affected by perhaps traffic, poor lighting, noise, or lack of sound.

Intoxilizer (Breath Test):
There are many things which have been shown to affect a breath test score. The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F.

You cannot scienticially verify the results; Texas does not utilize any methods which would allow for a retest of samples given. These machines are generally not available for inspections by anyone outside of law enforcement.

Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators. Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

DWI cases can be resolved. I have over 19 years of legal experience and as an attorney who practices criminal and DWI defense, I want to explore your case with you with a free initial consultation.

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