• Recognition

    For Skill & Commitment

    I have been given the honor of inclusion on the list of Texas' Super Lawyers® as a Rising Star

    About Troy P. Burleson [+]
  • Guidance

    From a Knowledgeable Attorney

    The smallest mistake could dramatically and adversely affect the direction of your case.

    Top 10 DWI Mistakes [+]
  • Real Results

    That Changed Lives

    I have consistently won over 70% of the cases I represent. Read about my victories!

    Case Results [+]
  • Contact Us

    Request a Consultation

    You only have 15 days to save your license! Contact us today for a free case evaluation.

    Start Your Defense [+]

Challenging DWI Evidence in Frisco, TX

Working with an Experienced Collin County DWI Attorney

If you were arrested for allegedly driving while intoxicated (DWI), it is highly likely that prosecutors have multiple forms of evidence that they plan to use against you. This evidence can include field sobriety tests, breath tests and blood tests, in addition to testimony by a law enforcement officer that you were exhibiting other signs of intoxication (such as erratic driving). With all of this stacked up against you, you might feel that is impossible to avoid a DWI conviction. That is simply not true. By teaming up with an experienced legal professional, you can greatly improve your chances of successfully challenging your DWI charges.

As a Collin County DWI attorney who has brought more than 200 DWI cases to trial since 2007, I am familiar with the most effective methods for defending clients who are accused of driving while intoxicated by drugs or alcohol. By turning to my law office, you can receive the top-rate legal representation you deserve. In addition to my extensive trial experience, I also have also received special training on the Intoxilyzer 5000, which is a breath test device that is commonly used by law enforcement officers in Texas. This gives me additional insight into problems with these machines that can potentially lead to dropped or acquitted charges. Below, I have provided an overview about defenses that can be used against various types of DWI evidence.

Subjectivity of Field Sobriety Tests

Field sobriety tests are series of tests that are used to measure physical signs of impairment. One of these tests is the horizontal gaze nystagmus test, which checks for excessive jerking of the eyes and other issues related to the eyes. There is also the walk-and-turn test and the one-leg stand test, which both check for loss of balance, loss of physical coordination and the inability to follow instructions.

One problem with these types of tests is that they are highly subjective since they are merely based on an officer's observations. Furthermore, there are various other factors besides impairment that can cause a person to perform poorly on these tests, such as a leg injury, a physical disability, medication the individual was taking, or nervousness.

Human and Technological Error Affecting Chemical Tests

Chemical tests used for determining the presence of drugs or alcohol in a driver's system. They include breath tests, blood tests and sometimes even urine tests. While these tests are often considered by prosecutors as being strong evidence against defendants, there are many problems that can make them unreliable. One example is human error. If a law enforcement officer or a medical professional does not follow the correct steps in administering a test, the test can lead to false readings. Mistakes can even occur while results are being processed in the testing lab.

Another major defense that can be used against chemical test results is the technological error. Breathalyzer devices are required to be calibrated and maintained regularly. If records show that these actions were not carried out when they were due, or if records show that there were any recent problems with the machine that was used on a defendant, it could be possible to successfully refute the results of that device.

Unlawful Arrest

Law enforcement officers cannot pull drivers over simply because the drivers appear suspicious. The driver must either be making a traffic violation or exhibiting clear signs of impaired driving. Furthermore, any DWI investigation (administering of field sobriety tests, breathalyzer tests and searches) must be based on probable cause, or reasonable grounds to believe that the individuals was driving while intoxicated.

Arrests must be made on the same standard. When officers do not have the appropriate level of probable cause, they can end up making unlawful police stops and arrests. This is a violation of individuals' rights, which can subsequently lead to the evidence being considered inadmissible in court. Cases involving unlawful police stops and arrests often end up being dismissed. When I work with my clients, I review each step of the arrest to determine whether law enforcement violated their constitutional rights in any way.

Finding the Defense Plan That Best Suits Your Needs

Are you looking for a DWI lawyer in Collin County? Because I have formerly served as a prosecutor for the Collin County District Attorney's Office, I know how prosecutors strategize. My experience gives me a greater ability to anticipate the opposition's moves and to challenge their allegations against my clients. By getting in touch with my office, you can receive a free case evaluation. This will allow you to better understand your legal options for defending yourself against DWI charges. Call me today so I can begin helping you find the defense plan that best suits your needs!

  • Recognition

    For Skill & Commitment

    I have been given the honor of inclusion on the list of Texas' Super Lawyers® as a Rising Star

    About Troy P. Burleson [+]
  • Guidance

    From a Knowledgeable Attorney

    The smallest mistake could dramatically and adversely affect the direction of your case.

    Top 10 DWI Mistakes [+]
  • Real Results

    That Changed Lives

    I have consistently won over 70% of the cases I represent. Read about my victories!

    Case Results [+]
  • Contact Us

    Request a Consultation

    You only have 15 days to save your license! Contact us today for a free case evaluation.

    Start Your Defense [+]