Driving While Intoxicated / DUI

The Arrest

In Texas, you can be charged with DWI if you are intoxicated while operating a motor vehicle in a public place. Intoxicated is defined as either (1) having a blood alcohol concentration (BAC) of .08 or more, or (2) lacking the normal use of mental or physical faculties after ingesting alcohol or drugs.

Consequences

Being arrested for DWI can have serious consequences, including fines and the loss of driving privileges as well as potential imprisonment. In most cases, the police will collect various types of evidence, including breath tests, blood tests and field sobriety tests. This doesn’t mean, however, that a conviction is inevitable. By enlisting the services of an experienced DWI attorney, it is possible to defend against such charges.

Because of the dangers associated with driving under the influence of drugs or alcohol, DWI and DUI laws are strictly enforced. A conviction can lead to a license suspension, jail time, points on your license and significant fines. Additionally, under the “implied consent law” all drivers are subject to a fine and automatic license suspension for refusing to submit to a breathalyzer or blood test.

Intoxication Assault / Manslaughter

A driver who causes bodily harm to another while intoxicated will be charged with intoxication assault. The most serious drunk driving offense is intoxication manslaughter, which occurs when a drunk driver kills another person.

Your Defense

If you have been charged with DWI we will conduct a thorough investigation of your case to determine the relevant facts. This includes obtaining and reviewing a copy of the police report and conducting an analysis of DWI test results. We will work to challenge the way in which the following DWI tests were administered or the accuracy of the test results:

· Field Sobriety Tests — The police typically use three field sobriety tests to measure motor skills and coordination — the one-leg stand, walk-and-turn, and horizontal gaze nystagmus or HGN. These tests are flawed because results can vary greatly from person to person and are based on the subjective determinations of the arresting officer.

· Breath Tests — The machine that law enforcement uses for breath tests in Texas measures BAC through technology that may not be 100 percent accurate. Results may be skewed by residual alcohol from mouthwash or dental work, the temperature of your breath, or the machine not being properly calibrated or maintained.

· Blood Tests — These tests may be administered to measure your BAC provided that you give your consent. If you refuse, the police may obtain a search warrant forcing you to provide a blood sample. It is possible to challenge the accuracy of blood tests that may be compromised by human error during the collection, handling, testing or analysis of the sample.

How We Can Help

If you are facing DWI/DUI charges, you need the aggressive legal representation that criminal defense attorney Phil Baker is uniquely qualified to provide. Because a DWI conviction can have serious consequences, we will fight to achieve the best possible outcome for your situation. Phil Baker is highly regarded for being able to successfully challenge DWI evidence, police testimony and lab technicians involved in analyzing DWI tests.