Defending Against DWI Charges in Texas
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 DWI 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 in Texas
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 level significantly.
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 drunk driving.
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 our Fort Bend lawyer for your DWI case.
State v. AA DISMISSED
State v. AE DISMISSED
State v. AL DISMISSED
State v. AL DISMISSED (BOTH CASES)
State v. AM DISMISSED
State v. AP DISMISSED
State v. AR REJECTED BY DISTRICT ATTORNEY, DISMISSED
State v. AS DISMISSED
State v. AS DISMISSED
State v. AT DISMISSED
Developing the right strategy and using my connections in the legal community, I will do my best to get your case dismissed so you can move on with your life.