DWI Defense Lawyer in Fort Bend County
In the state of Texas, law officers have a "zero tolerance" policy
when it comes to driving while intoxicated. With 93,533 DWI arrests recorded
in 2010 alone, there has been a serious effort to crack down on this issue
throughout the state. Over 1.4 million individuals were stopped and arrested
for drunk driving throughout the U.S. that same year. Unfortunately amidst
the efforts by the police to keep the roadways safe, they can mistakenly
stop people who have done nothing wrong.
It is the goal of my firm to protect your rights if you have been arrested for a
DWI related charge, no matter how complex or simple it might be. Timing is
everything in these cases. If the officer who pulled you over did not
have probable cause for stopping you, there is potential that your whole
case could be dropped. Always speak with a knowledgeable Fort Bend County
criminal defense attorney before you assume anything about your case.
There is a great chance that I can work with you to come up with a powerful
strategy to fight your accusations and get you back on track.
Breath Test Defense
After an officer pulls a driver over on suspicion of driving while intoxicated,
they are permitted to ask the driver to submit to a breath, blood or urine
test. While the driver may refuse, it will mean an automatic license suspension,
which in some cases is the most profitable option. The most common of
these tests involves breathing into a breathalyzer to test the blood alcohol
content (BAC) level of the individual. If their BAC is at .08 percent
or higher, they will most likely be arrested. Minors with .01 percent
or more could be facing underage DWI charges.
This can often be an unfair assessment as these machines have the possibility
of false results. Not only can an officer make a mistake when giving the
test, but the machine can also malfunction and cause inaccurate readings.
There are other outside factors that can be detrimental to the driver's
test results including the following:
Health Conditions: Acid reflux and gastroesophageal reflux disease (GERD) are two disorders
that can influence the amount of alcohol that shows up as part of an individual's
blood alcohol content level. In both of these conditions, the alcohol
that is in the stomach rises up into the mouth of the individual, causing
a much higher reading than is actually present. Additionally, low-carb
diets, diabetes or other hypoglycemic disorders can create a substance
called "ketones" which read as alcohol in the system. This can
cause the breathalyzer to read the alcohol caused by these diseases in
the same way that it does an alcohol beverage, when in actuality the person
is completely sober.
Chemicals at Work: If the driver works with certain compounds on a daily basis such as lacquer,
gas or other highly concentrated substances, they can leave trace amounts
in the individual's lung tissue. When the person breathes into the
device, it can pull these chemicals into the reading and alter the BAC
It is wise that you speak with one of the best DWI attorneys in all of
Fort Bend County if your breath test caused your arrest. As a competent
and highly-trained representative with experience as a former prosecutor,
I can work diligently to investigate your case and come up with a solid defense.
Protecting Against Field Sobriety Test Results
While considered a basic standard for measuring a person's level of
sobriety, these tests are not 100 percent accurate by any means. They
were never intended to determine the level of intoxication, but rather
they originally created to determine if a person should be arrested for
Unfortunately, officers may perform these tests incorrectly, not take into
account outside factors or simply be intent upon completing an arrest
that they ignore the facts of the situation. According to research studies,
9 out of every 100 officer do not know how to properly conduct these tests,
thereby creating significant room for error. There are three basic tests
used by many law officers throughout Texas; however, each has their own flaws.
Horizontal Gaze Nystagmus (HGN): The officer will aim to track the driver's eye movements as they move
either an object or small flashlight back and forth horizontally. If their
eye appears to move erratically, it is supposed to be proof that they
are under the influence; however, this is somewhat subjective. Certain
medications can cause eye jerkiness as well as inhalers and depressants.
Additionally, some people have a hard time focusing either due to eye
problems or other genetic disorders.
Walk and Turn (WAT): In general, with this test, an officer is looking to make sure that the
individual can walk nine steps in a straight line. It is to test their
ability to follow directions, keep their balance and not waiver in their
steps. This can be difficult for people who have inner ear issues messing
with their ability to balance or for those that have had recent injuries
or surgery to their legs, head or other vital organs. Additionally, those
on medications may not be able to focus as clearly or may stumble if they
are slightly dizzy.
One Leg Stand (OLS): While the individual is standing, they must lift one of their feet at least
6 inches above the ground and hold it for 30 seconds. The officer will
look for signs of imbalance, swaying, inability to count up to thirty
and other signs. The only problem with this is that many individuals have
horrible balance, either caused by genetics or a bad back, muscle cramps,
weight or age, among other factors. Additionally the weather can drastically
affect this test, as extra wind, high heat, extreme cold, rain, snow or
fog can make it hard to stand straight without wavering.
Contact our office if you have been arrested after a
field sobriety test that you believe as conducted unfairly. We will gladly listen to the details
of your case during your free initial consultation and are prepared to
defend your case until the end.
Get the Help You Deserve in Fort Bend County, Texas
Available to answer any and all questions you may have, I will make myself
personally accessible to you in an effort to help ensure that your rights
are protected. With my relentless and aggressive approach, you can feel
comfortable knowing that I will do all that I can on your behalf. If you
prefer, you can fill out our
free case evaluation form right away and allow us to look it over, contacting you if we believe
that our help will be most beneficial in your situation. Do not hesitate to
get in touch with us as timing is everything in
criminal defense cases like this.