First, if stopped for DWI be polite and courteous, but you DO NOT have to consent to take any field sobriety tests. You DO NOT have to answer any questions about whether or not you have been drinking. Ask to speak with an attorney before answering any questions about alcohol consumption or before providing a breath sample or blood test.
Just because you were arrested does not mean you are guilty. Below are a few things you should know about DWI cases:
DWI Facts:
A breath test or field sobriety test does not automatically prove you guilty. According to the federal government, accuracy of field sobriety tests are as follows:
HGN test..................77%
Walk and turn...........68%
One leg stand...........65%
So exactly what can I do for you when I say that there are several defense techniques to win?
As I tell all of my clients, each case is different and some challenges that may apply in one case may not apply in another case. However, in general here are some of the various challenges that may help your case. I will know more about what challenges I may make in your case after talking with you, your witnesses, photographing the scene of any field sobriety tests, reviewing all police reports and videos, and obtaining any tests results from any chemical tests that were taken.
THE DRIVER
In Texas, the government must prove that you were intoxicated while operating a motor vehicle in a public place. Although many times this issue will not be applicable (for example if you were driving and the officer pulls you over), there are cases that the government will not be able to show that you were driving or operating a car.
THE STOP
In Texas, an officer must have either probable cause or reasonable suspicion to stop you. If appropriate, I will challenge the stop. If the court finds that the police did not have probable cause or reasonable suspicion to stop you, the results of any tests may also be inadmissible in court.
FIELD SOBRIETY TESTS
The National Highway Traffic Safety Administration recognizes three standard field sobriety tests. They are the Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT); and, One Leg Stand (OLS). What does this mean to you? Each time we review a police report and/or a video of a field sobriety test, we grade both how you did and how the officer did in administering the test. If the officer did not administer the test in the proscribed manner, we can challenge the use of the test in court.
CHEMICAL TESTS
The Texas Alcohol Breath Testing Program requires that in each breath or blood test certain guidelines must be followed. As your attorney, I will review your case to ensure that the person giving the test and the person testifying about the results of the test have complied with all rules, regulations and laws. If any of these requirements have not been met, we can file various motions to suppress the results of the chemical tests. In addition, there are other areas that may affect the validity of a breath or blood test. These areas include: residual mouth alcohol; the temperature of the person taking the test; various medical conditions of the person taking the test; various occupations of a test subject and the fact that a test subject burps prior to taking the test may affect the outcome. These are not the only areas but are shown to let you know that just because the machine says a number that does not automatically mean that the number is a true and correct result.
REFUSALS
If you refused a chemical test, the government will attempt to get this refusal into evidence. Again, before the government can talk about the fact that you did not take a certain test, the government must meet certain evidentiary requirements. I will challenge any attempt by the government to get into evidence any information of a refusal if the officer did not comply with the regulations.
What challenges are available for your case?
If you call for your free consultation, I will explore all these types of possibilities with you. The lesson to be learned from the above examples is that a case--your case--may be able to be defended by one or more challenges to the charges you are facing. That's what I do for my clients.
