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DUI

Five Possible Breathalyzer Flaws

If a defendant provided a breath sample, the DWI conviction rate is significantly higher. But that's primarily because of the way the law is written, and not because Breathalyzers are bulletproof. In Texas, if the defendant's BAC level was above the legal limit, the...

Taking on the DWI Field Sobriety Tests

If officers have probable cause, they can demand that DWI suspects provide chemical breath or blood samples which determine their Blood Alcohol Content. If the BAC level is above the legal limit, which is usually .08, the defendant might be guilty as a matter of law....

Undermining the FSTs in Parker County

Whether or not the defendant provides a chemical sample, the Field Sobriety Tests are important in DWI cases. As for test cases, the FSTs allow Parker County prosecutors to establish probable cause. A mere suspicion of DWI, such as erratic driving or an odor of...

Five Non-Intoxication DWI Defenses

Frequently, intoxication, or lack thereof, is the only issue in a DWI case. However, even if the defendant was drunk as a skunk, Parker County prosecutors might be unable to establish guilt beyond a reasonable doubt. A solid DWI defense makes it much easier for a...

What to Expect in a DWI Probation

Months of intense court supervision is not for everyone. That's especially true if the defendant has issues accepting authority or has problems getting to certain places at certain times. For these and other reasons, an increasing number of DWI defendants choose a...

Are DWI Roadblocks Legal in Texas?

Most states legalized DWI checkpoints in the 1990s. Generally, these checkpoints are legal, as long as they meet certain requirements. One such requirement is specific legal authorization from the state's legislature. But according to 1994's Holt v. State, the State...

Challenging the FSTs in a Tarrant County DWI

The conviction rate in DWI chemical test cases is about twice as high as the conviction rate in non-test cases. Even still, only about 20 percent of DWI defendants refuse to provide a breath or blood sample. Frequently, police officers bully suspects into submission...

Top Five Breathalyzer Myths

During the early years of the DWI crackdown, Texas lawmakers amended Section 49.04 of the Texas Penal Code. Under these new amendments, people who have a BCA above the legal limit are intoxicated as a matter of law. So, the Breathalyzer test is more important than...