Having a Solid DWI Defense

Throughout the United States, law officers are on the lookout for reckless driving related to many different factors. One of their top priorities to watch out for suspected drunk drivers on the road and Texas is no exception with their "zero-tolerance" policy.

In 2010 alone, over 1.4 million drivers were stopped and arrested for driving while intoxicated either with alcohol or other illegal substances. While these officers are attempting to keep the highways safe and do their job, they can often make mistakes and arrest people unfairly. It is vital that you understand the rights you have when receiving a DWI charge and how to properly defend your case.

Fighting Breath Tests

I do not recommend that you refuse to take a breath test if a law enforcement officer asks you to do so after stopping you on the road. It is against the law to do deny this type of testing and it could cost you an automatic suspension of your license for 180 days. After taking a breathalyzer test, if your blood alcohol content (BAC) level is at .08 percent or above, you will most likely be charged with a DWI.

At the firm, I understand that there are other factors that can alter the results of a breath test that may be out of your control. There may even be foul play on the end of the law officer if he or she tampers with the machine. They are supposed to wait a minimum of 15 minutes to observe the driver's condition before performing any type of test and they do not always comply with this practice. Often times an individual can be arrested based simply off of their breathalyzer test results when there is always the possibility that the machine could have read their alcohol level incorrectly.

Health Conditions

Certain health conditions can also have a drastic effect, especially heartburn and gastroesophageal reflux disease (GERD). This is essentially a type of acid reflux issue that can cause for alcohol to rise up from the stomach into the mouth of the individual, making it appear that the person is more intoxicated than they actually are. In fact, it can so drastically alter the BAC level that it may multiply the amount of alcohol in the blood stream by 4 times the amount.

Even being on a low-carbohydrate or high protein diet can result in a higher BAC level than is actually present in the driver. This is related to those who have diabetes or are hypoglycemic as well. What occurs in each of these conditions is that they produce a substance in the body called "ketones" which react with the body to make isopropyl alcohol. Unfortunately, when a driver is tested using a breathalyzer, it will often take this type of alcohol into account even though it is not the same as ethyl alcohol found in alcoholic beverages. If you have various health issues, get in touch with an attorney to determine if they could pose significant evidence to getting charges cleared.

Field Sobriety Tests

There are various physical tests that law officers will make a driver perform in order to tell if they are intoxicated or not. They involve coordination, balance, following directions and eye movement. If the officer gives poor instructions that are confusing, it could easily result in making the individual look as if they are not capable of performing basic tasks such as walking a straight line or counting their steps properly. Additionally if the weather conditions are windy, rainy, extremely hot or cold it could make it more difficult for the person to perform various field sobriety tests without error. Many times because of a driver's age, weight or health problems they also may not be able to follow through with certain directions given by the officer. Recent injuries or major illnesses may be cause for serious issues with field sobriety tests.

Certified in Standard Field Sobriety Tests

I have been trained in the basic standards and administration of field sobriety tests. Knowledgeable on all aspects of the various types of tests law officers utilize on a daily basis, he is easily able to identify factors that can contribute to false results. As the Collin County Criminal Court Trial Lawyer of the Year from 2009 to 2011, I have committed my practice to serving the residents of Texas and upholding justice in the process.

Never taking no for an answer, I have achieved 250 "not guilty" verdicts for past DWI cases since 2007. Martindale-Hubbell® has given me a prestigious AV ® rating, denoting his professional and ethical manner in and out of the courtroom. Clients can rest easier knowing that their situation is in excellent hands when they bring their case to my firm. It is vital that you act quickly when seeking to defend charges for driving under the influence. Any delay in time could make all the difference in determining your future. Please do not hesitate to me today for your free consultation!

If you are looking for a DWI lawyer in Plano, give my firm a call!