If you are stopped for DWI, politely ask for a lawyer and don’t say anything else. The Fifth Amendment to the United States Constitution provides you WITH THE RIGHT TO REMAIN SILENT and to REFUSE ALL FIELD SOBRIETY TESTS!
Proving a DWI Case
In DWI cases, the State will try and prove intoxication by (1) a person’s Blood Alcohol Content (BAC) of .08 or higher, (2) a person’s loss of their mental faculties, and (3) a person’s loss of use of their physical faculties.
In most cases the State uses a breathalyzer test or a blood draw to prove BAC. However, there can be issues with the test such as whether the police correctly administered the test, whether the machine used to take the same properly maintained and calibrated, and what was the BAC AT THE TIME OF THE ARREST, NOT HOURS LATER.
CALL ME and I will FIGHT to reveal any issues with the evidence of BAC and undermine the State’s case.
Loss of Mental or Physical Faculties
Other ways The State will try and prove your intoxication with evidence of field sobriety tests to show that you had lost the normal use of your mental or physical faculties at the time of the stop. Police employ tests such as the Horizontal
Gaze Nystagmus (HGN), the Walk and Turn and the One Leg Stand, which are standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA). However, if these tests WERE NOT ADMINISTERED PROPERLY or if NHTSA GUIDELINES WERE NOT FOLLOWED, then these TESTS ARE INADMISSIBLE AND CANNOT BE USED AGAINST YOU!
CALL ME and I will FIGHT to reveal any issues with the evidence of field sobriety tests and undermine the State’s case.
A person refusing to take a breathalyzer test will have their driver’s license suspended for 180 days. A person who submits to a breathalyzer test and “blows” a BAC of .08 or higher will have their driver’s license suspended for 90 days.
But before you license in suspended, you are entitled to a hearing before DPS. You must request this hearing within 15 days of the day you were arrested. The ALR hearing is very important because your driver’s license could be suspended and the RIGHT LAWYER has an opportunity to CROSS-EXAMINE THE POLICE OFFICER WHO ARRESTED YOU. A COURT-APPOINTED LAWYER IS NOT GOING TO ATTEND THIS HEARING, BUT I WILL AND I WILL FIGHT FOR YOUR RIGHT TO KEEP YOUR LICENSE!
MOREOVER, if DPS does suspend your driver’s license, I can petition the court for a restricted driver’s license that will allow you to drive for employment purposes.