Fort Worth DWI Lawyers
- Hoobler, Lisa:
If a party is charged with driving under the influence of alcohol (DUI), driving while intoxicated (DWI) or operating under the influence (OUI), there are numerous defenses he can raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial.
Defendant denies operating vehicle
The defendant can deny that he was operating the vehicle. The prosecutor is required to prove not only that defendant was intoxicated, but that he was also operating the vehicle.
Probable cause
The defendant can argue that the officer lacked probable cause to stop the vehicle. Further, the defendant may argue that the officer lacked probable cause to detain and arrest him.
Miranda and implied consent warnings
After the officer arrests the defendant for DUI, any statements that the defendant may make after being taken into custody may be suppressed if the officer failed to give him Miranda warnings.
If the officer failed to advise the defendant of the implied consent warnings and the consequences of refusing to take a breath test, the breath test results may be suppressed.
Field sobriety tests
Results of field sobriety tests conducted by the officer may be suppressed. The defendant may argue that the officer was biased in his subjective conclusion that the defendant was intoxicated after administering the field sobriety tests. The defendant may also cite a physical condition that precluded him from performing the tests properly.
Blood-alcohol concentration test
This test is most often conducted at the scene of the arrest. The defendant is required to blow into a device which measures the amount of alcohol in the defendant's system. The defendant may argue that the test was defective or improperly conducted. The defendant may also argue that medication that he was taking affected the test results or that the test results were skewed because he had just had a drink.
Other chemical tests
The defendant may be required to submit to a blood or urine test after his arrest. The defendant may argue that either of the tests was not properly performed, biased, or inaccurate. The prosecution will be required to prove that the tests were accurate and not defective at the time that they were administered.
- Yanez McGee:
*
a family law issue (such as divorce, child support, custody, or adoption),
*
a criminal law issue (DWI, drug possession, all felonies and misdemeanors),
*
a personal injury (auto accidents, premises liability or work accidents),
*
or you need some simple estate planning (will, power of attorney, directive to physicians, etc.)
- Hughes, Carl:
A simple traffic citation can have significant consequences. You want to protect your rights, but suppose you can't make the court date and you don't know what to do.
- Lane, Jim:
If you have been arrested in Fort Worth, or have a legal problem, you need a lawyer you can trust with the experience to give you the right advice and representation in your time of need.
- Edwin Yooungblood:
You may discover that you do not need to appear in court at all.
- Shannon Estrada:
When you have been charged with a crime, whether you are facing jail time or a fine and a huge increase in your auto insurance, you need a serious, aggressive defense.
- Kernan & Clark:
If you have been arrested for drunk driving in the state of Texas, you only have 15 days to request a hearing to save your drivers license from suspension. Do not risk the loss of your license and other serious consequences that result from a DWI / DUI conviction by neglecting to act right away.
- Fred Cummings:
Individuals convicted of a crime, whether through their own admission of
guilt or through the determination of a jury, are subject to fines,
imprisonment, probation and community service, among other penalties in
Texas. Defending your criminal case in the strongest possible way is
critical to your freedom and your future.
- Jack G. Duffy:
Arrested for DWI / DUI? A good lawyer can make a big difference in how your case is handled.
- Kyle Whitaker:
Evaluating
A Texas DWI Case and the Deciding Factors. In most
Texas DWI 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.
Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?
Were any statements made by you coerced, taken out of context,
or misinterpreted?
Important:
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. Texas DWI Law
does not utilize any methods which would allow for a retest of
samples given. The computer software is proprietary and is
not available to scientific peer review. There are many
things which have been shown to affect a breath test
score. 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.
Field
Sobriety Tests:
Police make arrests on the basis of probable cause. This
is not the same thing as "beyond reasonable
doubt." It is not a police officer's job to determine
if someone is guilty. Many police offers choose to arrest
on the basis of caution.
There is much technical training for a police officer in the
field of Texas DWI Law. There is no law in Texas which
states they must keep up their training on a yearly or any other
type of basis with respect to standardized field sobriety
training. Many police officers do not make any form of
notes on the side of the road with respect to numerous
details. Most police officers do not include mitigating or
exculpatory information in their reports, mainly negative
observations.
Where there distractions during the testing? Were you
nervous or tired during the testing?
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 effected by perhaps traffic, poor lighting, noise, or
lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause false
results?
Return to Texas DWI Lawyers
|