THE DEFENSES for DWI

A driving while intoxicated (DWI) charge or another alcohol-related violation can be contested in a number of different ways; however, the specific strategies that are applicable depend on the circumstances of the individual case. The experienced Collin, Denton County DWI Defense lawyers at Ridgely Davis Law will first review the video and the offense report associated with your case in order to establish which defense approach will be most effective for you.

How to Defend Yourself from the Allegations Made Against You

When seeking to gather evidence that someone has been Driving While Intoxicated, law enforcement officers in the Collin & Denton County areas utilize a range of tests to obtain “clues” that a suspect is intoxicated. Because of this, it is essential for law enforcement to have a thorough understanding of each technique, as well as the limitations associated with each one.  This is where an experienced DWI Defense Lawyer in Collin | Denton county can increase the chances of a dismissal or a not guilty verdict.

Fighting the HGN Examination

Horizontal Gaze Nystagmus is what’s meant by the abbreviation HGN. This is the test that law enforcement officers claim can’t be faked by an intoxicated individual.  Regardless of how you do in the test, the officer will almost always claim you failed it and that is because the “eye vibration” observed on the test can only been seen by the officer.  The camera won’t pick it up, and as a result, you will almost always fail this test according to the officer, intoxicated or not.  However, there are ways to show that the officer performed the test inaccurately in order to discredit the result.  A simple definition of nystagmus is an involuntary jerking of the eye. In most cases, nystagmus is not detectable by just looking around. The theory is that the jerking/vibration of the eyes, also known as nystagmus, is accentuated and more noticeable after a person has consumed alcohol.

In order to properly conduct the exam, the officer is required to follow the rules. A person, for instance, has to undergo screening to ensure that their pupil size and tracking are both identical. In the event that a person is not vetted appropriately or at all, the DWI defense lawyers at Ridgely Davis Law will attack the result of the test in trial to show that the observed nystagmus can’t be conclusive of intoxication because normal nystagmus wasn’t accounted for.

Since most DWI’s occur at night, this opens up another defense as lights can impact the nystagmus.  Typically, when officers make a person face the flashing lights of the patrol car or passing traffic when they are administering the HGN, this presents another opportunity for an assault. Due to the fact that this may produce nystagmus rather than alcohol, the test may be rendered invalid as a result.  Additionally, the officer’s flash light can impact the result by holding the flashlight either too near or too far away from the DWI suspect.  In addition, it is possible that the officer will not make the appropriate number of passes or will not spend the appropriate amount of time making the passes with the light.

Negating the nystagmus test results in front of a jury is huge for a successful verdict because if the other tests are performed fairly decent then the jury may be more likely to believe that the officer’s arrest was inappropriate.

Defeating the Walk-and-Turn Test and the One-Leg Stand Test

The most effective way to counter act the results of the Walk and  Turn or the one-leg stand test is to make the jury see that an officer is attempting to impart the objective ability of people to perform these tests instead of considering the actual suspects true abilities.  All to often officers are assuming that most regular people would perform these tests adequately if they weren’t intoxicated but this fails to consider the personal limitations of the actual individual performing the test.

Every person is unique and possesses their own set of skills and capabilities. The DWI defense lawyers at Ridgely Davis Law have had much success in DWI Defense in Collin, Dallas, Denton and surrounding counties by illustrating that their clients did not receive a fair administration of the tests.  For instance, the fact that some persons are obese or have other ailments such as brain or back problems or potential vertigo and therefore they would have trouble walking in general whether they’ve been drinking or not.

Ultimately, the majority of the time, law enforcement agencies either do not properly qualify applicants to take the examinations or they administer the tests to individuals who do not meet the requirements to take the tests. In addition, the officer conducting the roadside exam will frequently “score” the test in a manner that is both too technical and biased against the driver. Therefore, a great number of innocent persons are detained because the officer decides to observe small or non-existent indications on the tests and then makes the arrest. This results in a great number of false positives.

One of the most significant causes of overreaching and unwarranted arrests of innocent persons for driving while intoxicated is the subjective and inaccurate grading of field sobriety tests.

The Right to Not Testify Against Yourself – Refusal to Submit to Field Sobriety Tests

There is no requirement for you to testify against yourself in this case. The fact that you did not want to participate in the field sobriety tests does not necessarily indicate that you are under the influence of alcohol or drugs.

Additionally, there could be any other number of reasons why an individual would not want to take one of these tests.

Aiming to Discredit the Blood Test

A blood test is required to be performed in accordance with the stringent guidelines outlined in the Texas Transportation Code.  The DWI defense lawyers at Ridgely Davis Law have defended Collin, Dallas, and Denton county citizens in blood test cases, many of which resulted in the charges being dropped or reduced to a lower penalty due to problems with the blood tests.  Our skilled DWI Defense Advocates will investigate the details of your case and search for legal arguments to prevent the test results from being used in court.

The findings of a blood test can be challenged or deemed inaccurate in a number of different ways, including the following:

• The examination was completed by an individual who was not authorized to do so under Texas law, such as a member of the emergency medical services.

The examination did not take place in a clean environment, such as a detention center, which may be deemed unhygienic.

• When cleaning the injection site, the individual who took the blood did not use a non-alcoholic swab like betadine or another similar product which can skew the results.
• The blood was not taken in a tube that was pretreated with sodium fluoride and contained an anticoagulant when it was collected. In the event that the blood forms clots or includes germs, the results of the test might be inaccurate.
• The blood was not treated in the appropriate manner.
• The appropriate chain of custody for the blood sample was not adhered to at a certain point in time.
• There was a delay in placing the blood in the refrigerator.

Attempts to Beat the Breath Test

The Criminal Defense Lawyers at Ridgely Davis Law have experience successfully handling cases that involved high BACs and breath tests.  There are a number of ways to point out defects the results of a high breath test in a typical DWI investigation.

For example, the fact that the machine did not perform a test to determine the driver’s blood alcohol concentration at the time of the incident is a valid defense strategy. Think about the time it takes for an officer to actual transport an accused individual to the facility or jai to administer the breath or blood test a significant amount of time can pass and ultimately it could be an hour or much, much longer before the test is carried out.

To learn how our Trusted DWI Criminal Defense Lawyers in Collin, Denton and Surrounding Counties can help with your DWI charge, contact our office for a Free Case Evaluation.