DWI / DUI
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Texas DWI laws
are both political
Know Your Rights!
How to avoid 10 of the biggest mistakes most people make after being arrested for
DWI / DUI
Mistakes the police make . . . and how they can help you.
What Happens Next After A DWI Arrest?
There are usually both Motor Vehicle & Court
Proceedings required when a DWI or Drunk Driving citation has been issued.
A Summary of Texas Administrative License Suspension Laws DWI and "Administrative License Revocation"
in the State of Texas
for your Texas
Please Read This
DWI and DL
DWI Related Links
A DWI Can
& Travel Plans
Out Of Control
DWI & Drugs
Five Myths about Defending Accused Drunk
Austin Texas Drunk Driving
Glove Compartment Guide for Drivers Stopped for DWI in Texas.
a right to:
Not answer any questions other than name, date of birth
Refuse to perform roadside tests.
Refuse to have your eyes tested.
Refuse to blow into a handheld breath tester.
Refuse to consent to a breath or blood test, if you are
asked to take
You should be polite and produce requested documents.
I mentioned before in evaluating a Texas Drunk Driving DWI Case and
what the Deciding Factors are.
In most Texas DWI cases, there are 3 pieces of evidence
that are open to interpretation of the law.
The police report is only the officer's interpretation.
Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?
Were any statements made by you coerced, taken out of
context, or misinterpreted?
The Intoxilyzer 5000 assumes that everyone has the same
blood breath partition ratio, hematocrit ratio and
assumes that all samples are at an air temperature of
93.2 F. Texas DWI Law does not utilize any methods
which would allow for a retest of samples given. The computer software is proprietary and is not
available to scientific peer review. There are
many things which have been shown to affect a breath
test score. These machines are generally not
available for inspections by anyone outside of law
enforcement. Texas does not allow for non-law
enforcement or government personnel to become certified
as breath test technical operators. Much of the
Texas breath program remains limited to outsiders
despite a generally assumed belief that these machines
have undergone and passed wide general scientific
Police make arrests on the basis of probable cause.
This is not the same thing as "beyond reasonable
doubt." It is not a police officer's job to
determine if someone is guilty. Many police offers
choose to arrest on the basis of caution.
There is much technical training for a police officer in
the field of Texas DWI Law. There is no law in
Texas which states they must keep up their training on a
yearly or any other type of basis with respect to
standardized field sobriety training. Many police
officers do not make any form of notes on the side of
the road with respect to numerous details. Most
police officers do not include mitigating or exculpatory
information in their reports, mainly negative
Where there distractions during the testing? Were
you nervous or tired during the testing?
If there was a video taping of the event, does it
accurately depict your true state of sobriety at the
time, or was it unfairly effected by perhaps traffic,
poor lighting, noise, or lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause
and additional information about Texas DWI laws, view our
here! (opens in new
Defense Trial Attorney
812 San Antonio St., Suite 100
Austin, TX 78701
Gibson criminal defense trial attorney in Austin, Texas
handling Drunk Driving (DWI) and Driving Under The
Influence (DUI) in the state of Texas. Travis County,
Williamson County, Hays County and Bastrop County. Austin,
Georgetown, Manor, Round Rock, Pflugerville, Del Valle,
Cedar Park, San Marcos, Bastrop.