Articles Posted in 75 DWI Facts

Published on:

  1. Contest the constitutionality of the stop.
  2. Contest the constitutionality of the administration of roadside tests.
  3. Contest the constitutionality of the probable cause to arrest.
  4. Contest the constitutionality of the Miranda rights.
  5. Contest the use of any blood or breath test.
  6. Contest the constitutionality of any search and seizure.
Published on:

  1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
  2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
  3. Motion to suppress statements on failure to give Miranda rights.
  4. Motion for Discovery of evidence.
  5. Request for the video of your stop
  6. Request for the video of the "intoxilyzer room"
  7. Motion for 404(b), and 37.07 evidence (prior history of you)
  8. Application for Probation
  9. Motions in Limine (This prevents the District Attorney from bringing up certain inadmissible information)
Published on:

  1. If your blood alcohol was over the legal limit
  2. If you refused to submit to a blood or breath test
  3. If you are convicted of DWI
  4. If the judge suspends your license as a condition of your bond.
  5. If you are convicted, and you fail to pay DPS’s "Reinstatement Fee" (between $3,000 and $6,000).
Published on:

  1. The officer must have had a reasonable suspicion that you were violating the law.
  2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
  3. The officer must inform you of your rights concerning a breath or blood test.
  4. The officer must perform a 15 minute "observation period" before giving you a breath test
  5. The proper chain of custody of your blood must be maintained.
Published on:

  1. Inconsistent statements.
  2. Failure to recollect.
  3. Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.
  4. Failure to properly state what his reasonable suspicion for stopping you was.
  5. His/Her failure to follow proper State, County, or Federal procedures.
Published on:

  1. Six people have to agree on your guilt beyond a reasonable doubt (in a misdemeanor DWI, twelve in a felony DWI)
  2. In most cases, it is the only way to keep your record clean
  3. Punishment if you are found guilty will probably be almost identical to punishment if you plea guilty
  4. DPS decided to assess a surcharge of 3,000-6,000, and a jury trial may be the only way to avoid it.
  5. The "plea bargain" offered to you was not much of a bargain after all.
  6. You ARE NOT guilty! Imagine that! The policeman and the District Attorney never even contemplated this possibility.
Published on:

  1. A good investigation of the facts.
  2. Vigorous cross-examination.
  3. A sound understanding of constitutional principles.
  4. An attorney who is knowledgeable in the area of Texas DWI law.
  5. An understanding of the practices and procedures of DWI in the county in which you are charged.
Published on:

  1. Your itinerary prior to arrest.
  2. Your consumption of alcohol or drugs
  3. Your observations of the officer.
  4. The officer’s stated reasons for stopping you.
  5. Whether the officer asked or ordered you to take roadside tests.
  6. Your performance on roadside tests.
  7. Statements you made to the officer.
  8. What the results were of any breath or blood tests.
  9. Whether there were witnesses to your arrest.
  10. Whether you were observed for 15 minutes prior to a breath test