Contest the constitutionality of the stop. Contest the constitutionality of the administration of roadside tests. Contest the constitutionality of the probable cause to arrest. Contest the constitutionality of the Miranda rights. Contest the use of any blood or breath test. Contest the constitutionality of any search and seizure.
Articles Posted in 75 DWI Facts
Texas DWI – 9 preliminary motions in a DWI case
Motion to suppress evidence on the ground that you were unconstitutionally stopped. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure. Motion to suppress statements on failure to give Miranda rights. Motion for Discovery of evidence. Request for the video of your stop Request…
Texas DWI – 2 ways to save your license after a DWI conviction
Request an occupational license if your license is suspended. Sometimes, you may take the DWI Education course within 180 days and this will keep your license from being suspended.
Texas DWI – 5 ways your license can be suspended in a DWI case
If your blood alcohol was over the legal limit If you refused to submit to a blood or breath test If you are convicted of DWI If the judge suspends your license as a condition of your bond. If you are convicted, and you fail to pay DPS’s "Reinstatement Fee"…
Texas DWI – 3 key pieces of information in a DWI case
An estimation of the strengths and weaknesses of the State’s case against you. The effect of a conviction. The price your attorney charges if you take your case to trial (I give you this information when we first meet)
Texas DWI – 5 requirements of valid roadside and chemical testing
The officer must have had a reasonable suspicion that you were violating the law. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests. The officer must inform you of your rights concerning a breath or blood test. The officer must perform…
Texas DWI – 5 ways that the arresting officer’s testimony may be discredited
Inconsistent statements. Failure to recollect. Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner. Failure to properly state what his reasonable suspicion for stopping you was. His/Her failure to follow proper State, County, or Federal procedures.
Texas DWI – 6 reasons why a DWI jury trial may be for you
Six people have to agree on your guilt beyond a reasonable doubt (in a misdemeanor DWI, twelve in a felony DWI) In most cases, it is the only way to keep your record clean Punishment if you are found guilty will probably be almost identical to punishment if you plea…
Texas DWI – 5 items crucial to your DWI defense
A good investigation of the facts. Vigorous cross-examination. A sound understanding of constitutional principles. An attorney who is knowledgeable in the area of Texas DWI law. An understanding of the practices and procedures of DWI in the county in which you are charged.
Texas DWI – 10 Questions your attorney should be asking you
Your itinerary prior to arrest. Your consumption of alcohol or drugs Your observations of the officer. The officer’s stated reasons for stopping you. Whether the officer asked or ordered you to take roadside tests. Your performance on roadside tests. Statements you made to the officer. What the results were of…