Dallas DWI Lawyer

Driving While Intoxicated (DWI) is one of the most common crimes charged. I am sure you have all heard the slogan "Drink, Drive, Go to Jail." This is not the law. It is simply not a crime to consume alcohol and drive. It only becomes a crime if a driver has lost the normal use of their physical and/or mental faculties OR has blood alcohol content (BAC) of .08 or more. So, how do police attempt prove DWI? Drivers suspected of DWI are routinely subjected to one or more of the following three tests:

Motorists suspected of DWI are routinely asked by police officers to perform one or more field sobriety tests. These tests were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. A motorist alleged to have performed poorly on these tests provides the probable cause or legal justification the officer needs to arrest. Also your performance will become part of the proof used later to convict the person at trial. Accordingly, almost EVERY knowledgeable Dallas DWI lawyer will almost always strongly advise against attempting any of these tests.

The three field sobriety tests typically used in Texas are (1) the walk and turn [WAT] test, (2) the one leg stand [OLS] test, and (3) the horizontal gaze nystagmus [HGN] test (nyatagmus is the involuntary jerking present in everyone's eyes; it is alleged that alcohol exaggerates this jerking). Despite the "junk" science that law enforcement uses to validate these tests none are very reliable. The WAT exercise, when conducted properly on a qualified subject on a dry, level surface, was found to be 68% reliable in determining intoxication. This means that 32% of the people who perform poorly on the WAT are quite likely not intoxicated. The OLS exercise, when conducted properly, on a qualified subject on a level, dry surface, after proper instructions and where correctly demonstrated and scored, is about 65% reliable. Accordingly, 35% of people who allegedly fail this test are not actually intoxicated. Likewise, the HGN evaluation, when performed correctly on proper subjects and interpreted accurately, had a 77% reliability rating. Therefore, even under the best circumstances 23% of the people who, based upon their HGN evaluation, police officers believe are intoxicated in reality are not.

If you have mistakenly subjected yourself to these tests we will challenge the subjective nature of the evaluations, the accuracy of the principles behind the tests, the accuracy of the administration of the tests, the credibility of the officer who requested and administered the tests, and challenge all circumstances connected with the evaluations. Knowledgeable DWI lawyers know that 98% or more of the officers administering these evaluations do them wrong, conduct the tests in a manner (or on a test subject) not approved by the manual, or grade the evaluations improperly. When done incorrectly, these evaluations loose their predicted reliability. The Dallas DWI lawyers at the Law Offices of Dallas Criminal Attorney are experienced in the aggressive cross-examination of the arresting officer using his/her OWN training materials.

Secondly, breath analysis is probably the most commonly used technique by law enforcement to determine whether a suspect was intoxicated. However, the reliability of many breath tests can be successfully called into question. Some scientists and experts think that breath tests, as they are currently administered by police, are very inaccurate, as far as their ability to measure blood alcohol content. Based on the testimony of many of these scientists and experts some courts and juries have thrown out breath test results because of their unreliability. This inherent unreliability can be magnified if police do not follow proper procedures, such as calibrating the machine, testing blank specimens, and / or making sure that a suspect is not affected by his or her external environment. The Dallas DWI lawyers at the Law Offices of Dallas Criminal Attorney know how to successfully challenge the accuracy of a breath test.

Finally, blood analysis is becoming more popular with police departments, especially when alcohol or drugs are suspected in an accident that results in injury or death. While admittedly being the most accurate, few police departments and emergency medical personnel have been effectively trained in proper procedures. If the blood is not properly drawn, transported, stored, and tested the accuracy of any conclusions can be called into question. Attacking blood tests results in court is very time consuming and requires extensive legal precision. Very few lawyers have ever had success discounting blood testing results. The Dallas DWI lawyers at the Law Offices of Dallas Criminal Attorney are among that successful few.

DWI has become one of the most common and ultimately one of the most expensive crimes in the state of Texas. Conviction for DWI can result in severe jail or prison sentences, costly fines, driver’s license suspensions, and/or lengthy periods of probation complete with overly aggressive probations officers and expensive time consuming classes. With the right legal representation DWI charges can be successfully fought. The Dallas DWI lawyers at the Law Offices of Dallas Criminal Attorney have the knowledge, skill, and experience necessary to fight and win any DWI or alcohol related offense. Contact us today for a free initial consultation.

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DWI Offenses

Other DWI-related Offenses