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Houston Texas DWI Defense Lawyer
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Guide for Drivers Stopped for
Drunk Driving / Driving
While Intoxicated (DWI) in Texas
1. Do not answer any questions other than name and address.
2. Do not agree to perform roadside tests.
3. Do not agree to have your eyes tested.
4. Do not agree to blow into a handheld breath tester.
5. Do not consent to a breath or blood test, if you are asked to take one.
6. Be polite. Produce requested documents.
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 (Driving While Intoxicated) 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?
Christian
C. Samuelson, P.C.
955 Gemini Avenue
Houston, Texas 77058
281 - 332 - 5600
Christian Samuelson criminal defense trial lawyer in Houston,
Texas practices law in the areas of drunk driving (DWI) and driving under the
influence (DUI) in the state of Texas. Covering counties Harris, Galveston,
Montgomery, Fort Bend, Liberty, Chambers, Brazoria, Washington, Jefferson. The
cities we primarily service are: Houston, Katy, Galveston, Clear Lake, Texas
City, Santa Fe, Alvin, Angleton, Freeport, Lamarque, Kemah, Seabrook, Clear Lake
Shores, Bacliff, League City, Friendswood, Pearland, Manvell, Sugarland,
Stafford, Richmond, Tomball, Rosenburg, Pasadena, Conroe, Spring, Anahuac, Dayton, Liberty, Spring Branch, Laporte,
Pasadena, West University Place, Katy, Bellaire, Beaumont, Bryan, College
Station and Navasota Texas.
Licensed by the Supreme Court of Texas
Not Certified by The Texas Board of Legal Specialization
Reproduction of any material on this site without written permission is strictly prohibited.
© Copyright 2004-2007
Christian C. Samuelson, Attorney at Law. All Rights Reserved.
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