Your Rights At A DWI Traffic Stop

First, if stopped for DWI be polite and courteous, but you DO NOT have to consent to take any field sobriety tests. You DO NOT have to answer any questions about whether or not you have been drinking. Ask to speak with a DWI attorney before answering any questions about alcohol consumption or before providing a breath sample or blood test.

Just because you were arrested does not mean you are guilty of DWI. A breath test or field sobriety test does not automatically prove you guilty of DWI. According to the federal government, accuracy of field sobriety tests are as follows:

HGN test..................77%

Walk and turn...........68%

One leg stand...........65%

So exactly what can an experienced DWI defense lawyer do for you when I say that there are several DWI defense techniques to win?

As I tell all of my clients, each DWI case is different and some challenges that may apply in one DWI case may not apply in another DWI case. However, in general, here are some of the various challenges that may help your DWI case. I will know more about what challenges I may make in your DWI case as your DWI attorney in Sugar Land, after talking with you, your witnesses, photographing the scene, of any field sobriety tests, reviewing all police reports and videos, and obtaining any tests results from any chemical tests that were taken.

THE DRIVER. In Texas, the government must prove that you were intoxicated while operating a motor vehicle in a public place. Although many times this issue will not be applicable (for example if you were driving and the officer pulls you over), there are cases that the government will not be able to show that you were driving or operating a car.

THE STOP. In Texas, an officer must have either probable cause or reasonable suspicion to stop you. If appropriate, as your DWI attorney in Fort Bend County I will challenge the stop. If the court finds that the police did not have probable cause or reasonable suspicion to stop you, the results of any tests may also be inadmissible in Harris County or Fort Bend County court.


DWI Breathalyzer

FIELD SOBRIETY TESTS. The National Highway Traffic Safety Administration recognizes three standard field sobriety tests in the case of DWI. They are the Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT); and, One Leg Stand (OLS). What does this mean to you? Each time we review a police report and/or a video of a field sobriety test, we grade both how you did and how the officer did in administering the test. If the officer did not administer the DWI test in the proscribed manner, we can challenge the use of the test in court.

CHEMICAL TESTS. The Texas Alcohol Breath Testing Program requires that in each breath or blood test for DWI certain guidelines must be followed. As your DWI attorney in Houston, I will review your case to ensure that the person giving the test and the person testifying about the results of the DWI test have complied with all rules, regulations and laws. If any of these requirements have not been met, we can file various motions to suppress the results of the chemical tests in your DWI defense. In addition, there are other areas that may affect the validity of a breath or blood test in a DWI defense. These areas include: residual mouth alcohol; the temperature of the person taking the test; various medical conditions of the person taking the test; various occupations of a test subject and the fact that a test subject burps prior to taking the test may affect the outcome. These are not the only areas but are shown to let you know that just because the machine says a number that does not automatically mean that the number is a true and correct result in convicting you of a DWI offense.

REFUSALS. If you refused a chemical test, the government will attempt to get this refusal into evidence. Again, before the Fort Bend prosecutors or the Harris County prosecutors can talk about the fact that you did not take a certain test, they must meet certain evidentiary requirements. I will challenge any attempt by the DWI prosecutors to get into evidence any information of a refusal if the officer did not comply with the DWI testing regulations.

Call or email David Kiatta - Houston DWI lawyer for a free consultation, I will explore all the above possibilities with you. The lesson to be learned from the above examples is that a case -- your case -- may be defended by one or more challenges to the charges you are facing. That's what I do for my clients.