DWI: A Matter of OpinionIn the absence of a chemical test to determine alcohol concentration, the issue of whether a person is intoxicated is ultimately a matter of opinion. Police exercise great power when making the decision to arrest. Challenging the basis for the officer’s opinion is fundamental to a sound defense. Researching the officer’s DWI training is crucial. If the investigation was videotaped, a thorough analysis of the officer’s administration of field sobriety tests may reveal mistakes which can be used to explain how the officer came to the wrong conclusion.
|
Frequently Asked Questions?Forced Blood Draw
Warning!
The state has already started the process to suspend your driver's license. You have only fifteen days from the date of arrest to challenge the automatic suspension of your license. Try our FAQ search!
I refused to take the breath test. Does that mean I am automatically guilty?Absolutely not. Although the fact that you refused to take the test will be admissible at trial, that simple fact alone is not sufficient to convict you. The prosecution must still prove that you were intoxicated i.e. that you had lost the normal use of mental or physical faculties due to the introduction of alcohol or drugs into your body. Back to TopShould I refuse to take a breath / blood test?If you have any question in your mind as to whether you will pass or fail, it is probably in your best interest to decline. Remember, even if your consumption of alcohol has not resulted in the loss of the normal use of your faculties, a test result in excess of the legal limit is sufficient to convict you. Submitting to the test, gives the prosecutor one more way to claim that you were intoxicated. A practical consideration is that by the time the police officer requests a sample of your breath or blood you are already under arrest. Even if you pass the test you will go to jail. After all the police will not "un-arrest" you. Instead, the State will say that because the test was taken some time after the time of driving your alcohol concentration at the time of driving was higher than at the time of the test and that you have simply had time to sober up.
The State will also argue that even if your alcohol concentration was not above the legal limit, you had lost the normal use of your mental and physical faculties as the result of alcohol consumption. When confronted with a request for a breath/blood/urine sample, you should ask the officer to allow you to contact an attorney for advice in making your decision. The officer will probably tell you that you do not have the right to speak with an attorney at this point, but the average juror may view your request as reasonable. Moreover this saves you form having to flatly refuse the officer's request. Back to TopCan I decline to perform the roadside field sobriety tests?[Yes. The office can not force you to do these tests. However, at trial the prosecutor will argue that you refused because you knew you would fail. Back to TopIs the machine used to test my breath alcohol concentration accurate and reliable?It depends on who you believe. What is undisputed is that the manufacturer does not warrant or guarantee that the Intoxilyzer is fit for its intended purpose of determining the alcohol concentration in a sample of human breath. The machine is a self-checking piece of equipment and the machine's operator will assume "all is well" unless the machine says it has a problem. It is well-known among DWI attorneys that the machine will report proper functioning even in the face of having several of its key components disconnected. Moreover, the computer program which performs the crucial calculations remains a secret. Back to TopIs it against the law to drink and drive?[ While it is a crime to drive while intoxicated or to drink alcohol while driving, it is not against the law to drive after having a few drinks so long as the consumption of alcohol does not cause intoxication. However, if you are stopped for any reason and the officer detects the odor of alcohol on your breath, it is likely that you will be arrested for driving while intoxicated .Back to TopThis is my first DWI offense. Will I go to jail?[ Absent unusual circumstances the answer is "no". Most people convicted of a first DWI receive community supervision (probation), are required to pay a fine, perform community service, submit to alcohol counseling, report to a probation officer and abide by additional terms of community supervision. So long as you successfully complete the community supervision, you will not be required to spend any additional time in jail. Back to Top
Anthony R. Segura
Practice Devoted to DWI Defense In Fort Bend County, Texas
14015 Southwest Freeway, Suite 5, Sugar Land, Texas 77478 281-242-7070 Telephone · 281-242-7073 Facsimile www.fortbend-dwi-lawyer.com ars@fortbend-dwi-lawyer.com
|
