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. They do not have all the witnesses available to prove their case.
  2. The Officer moved or no longer wants to testify
  3. The Witness who "called in" the DWI cannot be found
  4. The "Technical Supervisor" of the breath test is unavailable to testify.
  5. The "Breath Test Operator" is unavailable to testify.
  6. They has exculpatory evidence which would prove your innocence.
  7. They have evidentiary problems in proving your blood alcohol level.
  8. They have evidentiary problems in proving that you lost the normal use of either your mental or physical faculties.
  9. You will receive almost identical punishment if you are found guilty after trial.
  10. If you plea guilty, you will be assessed a $3,000 – $6,000 surcharge by DPS.