Driving While Intoxicated
Are you facing a drunk driving, DWI, or DUI charge? My name is Robert Guest and I'd like to help you fight this allegation. I tell my clients that while any conviction is bad, the two worst misdemeanor convictions in Texas are DWI and Family Violence. You need to do whatever it takes to fight your DWI case and avoid a conviction, if possible.
What's so bad about a DWI conviction? It seems that every two years our legislators adds new penalties and fees to DWI convictions. Currently a first offense DWI conviction contains the following penalties
- up to 180 days in the county jail
- up to a $2,000 fine
- ignition interlock as a possible probation condition
- mandatory "DWI is bad" classes
- a lifetime conviction that can never be sealed or expunge
- a lifetime conviction that can be used against you forever
- thousands of dollars in "surcharges" to keep your license. These last year after your conviction
- hundreds of "court costs" that actually have nothing to do with running the court you are in
An experienced DWI defense is an investment in your future. Let me tell how I fight DWI cases.
The first thing we look at, is you. What do you remember from the night you were arrested? How were you feeling? Let's discuss your medical history? What conditions could give you trouble on roadside balancing tests?
The officer who arrested you has no idea of who you are or what you are like. The officer who arrested you doesn't care that you have bad balance, or have an old injury or other medical condition that affect your ability to perform some ridiculous roadside balance test. I care and I will use this information to help fight your case.
In general, the Texas criminal justice system is designed to ruin defendants and provide nothing more than the bare minimum of Constitutional protections. However, one law that still applies to your case is called the "exclusionary rule". That means, the police must have a legitimate reason to stop your car, pull you over, investigate for DWI, and/or arrest you. Cases have been dismissed outright because the officer had no real reason to stop the driver. Let me investigate your stop to see if we can get your case dismissed.
Field Sobriety Tests
Did the officer ask you to perform some balancing tests to see "if you are ok to drive"? I believe these tests are a scam. They are designed so that suspects will fail. Unfortunately, our pro-conviction appellate courts allow these "tests" as evidence against you. So let me tell you how we fight this nonsense.
First, we need to see if the Officer even performed the tests correctly. In Texas, any officer who sits through a few hours of field sobriety training is allowed to perform these tests on the public. Given how little training is required it shouldn't be a surprise that most officers cannot perform or grade these tests correctly.
That's right, more often than not, an officer fails his own field sobriety tests by not giving the correct instructions or using the correct grading criteria. The State will argue that any little mistake you made on these balancing tests "proves" you are drunk. In the next breath they will argue that any mistake the officer makes should be ignored. I won't let that hypocrisy go unchallenged.
HGN- The Eye Test
The HGN test is more of the same junk science as the balancing tests. Just like the balancing tests, the vast majority of officers fail to perform the eye test correctly. Yet the State will still claim that they can magically tell your are intoxicated by waiving a pen in front of you for a few seconds. I have experienced fighting this "magic pen" test and I will use that in your case.
DWI is an Opinion Crime
Intoxication in Texas is an opinion crime. The officer has the opinion that you are intoxicated, and you and the jury have every right to disagree. The standard for intoxication in Texas is that an individual has lost the normal use of their physical or mental faculties.
There is no reliable objective measurement for exactly what "normal use" is. That's why I focus on the individual. What are your normal mental faculties? Do you get nervous when being interrogated by the police? Do you have good balance? Do you perform under stress?
You can fight the officer's opinion with the truth about who you are, and how you are normally. Every person has different balancing skills and abilities. Every person will perform differently, or appear differently under the stress of a DWI investigation and arrest.
Remember, just because an officer says you "failed" his roadside tests, do NOT mean you were drunk, or that you must plead guilty.
NEVER SUBMIT TO A BREATH TEST. These tests are performed in government labs, on government machines. The State will never allow a defense lawyer access to a breath test machine. Defense lawyers are never allowed access to the breast test machine's computer, or to view it's programming code. The State fights to keep their junk machine secret. If the State is scared to tell the truth about this machine, then why should anyone take a breath test? I'll trust the State's breath machine when they do.
If you have taken a breath test you should know that there are many factors that influence a breath test score. These machines have built "acceptable" rates of error. Did you know that this machine will give a higher score to a person who breathes harder? The State hates to admit exactly how flawed this machine is. I'll be happy to tell a jury the truth about this breath machine.
DWI enforcement in Texas has reached a new low when it comes to civil liberties. Judicial activist judges have created new law that allows officers to pin you down, and steal your blood. As a lawyer who believes in Bill of Rights, and the 4th Amendment I fight this practice disgusting.
How do we fight blood test results? Blood tests are done in one of two places; at the hospital, or at the government lab. If you were taken to a hospital and had blood drawn after an accident, the State can and will seize your private medical records to use against you.
There can be problems with hospital testing. We will discuss this in detail during your consultation. The short version is, hospitals don't draw blood for forensic purposes. They draw blood to provide a quick snapshot so they can treat a person.
Government blood tests are becoming more common. Locally, alcohol blood testing is done in Garland. If your blood is tested for drugs, it will be sent to Austin. This can cause a delay in the prosecution of your case. Blood testing is much more complicated than breath testing. You need a lawyer with experience challenging blood tests and should be familiar with gas chromatography.
DWI cases are complicated and require an experienced lawyer to get the best result. I offer free consultations. Call today and let me fight for you.