DWI / Texas Drunk Driving Arrest

Know Your Texas Driver's Rights

    You have a right to:

1. Not answer any questions other than name, date of birth and address.

2. Refuse to perform roadside tests.

3. Refuse to have your eyes tested.

4. Refuse to blow into a handheld breath tester.

5. Refuse to consent to a breath or blood test, if you are asked to take one.

    Be polite and produce requested documents.

                               Call Immediately 512- 469-6056

As I mentioned before in evaluating a Texas Drunk Driving DWI Case and what the Deciding Factors are. 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?

If you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled attorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday.
 

KEN GIBSON

DWI Criminal Defense Trial Attorney

700 Lavaca, Suite 1010
Austin, Texas 78701

(512) 469-6056
Or
Call Toll Free - (866) 469-6056


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Ken Gibson criminal defense trial attorney in Austin, Texas handling Drunk Driving (DWI) and Driving Under The Influence (DUI) in the state of Texas. Travis County, Williamson County, Hays County and Bastrop County. Austin, Georgetown, Manor, Round Rock, Pflugerville, Del Valle, Cedar Park, San Marcos, Bastrop.