We're You Arrested
for Drunk Driving?
DWI / DUI
"We Can Help"
Jail Release
806-747-8002 |
DWI Facts
In most Texas DWI cases, there are 3 pieces of evidence open to one
interpretation of the law, include breath test/chemical tests were the regulations followed?
What is the validity due to lack of
regulations? DWI |
|
Texas DWI /
DUI Facts & Information
|
Lubbock Texas
DWI / DUI Defense Attorney
Know Your Rights on DWI Law.... |
A breath test or
field sobriety test does not automatically prove you
guilty.
According to the federal government, accuracy of field sobriety
tests are as follows:
HGN test......................77%
Walk and turn.............68%
One leg stand.............65% |
| Evaluating A
Texas Drunk Driving DWI Case and the Deciding Factors. In most
Texas DWI cases, there are 3 pieces of evidence that are open to
interpretation of the law. |
Police Reports:
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?
Important:
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 review.
Field
Sobriety Tests:
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 observations.
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 false
results? |
|
Boatwright & Hamilton,
LLP |
| Attorneys At Law |
|
1005 Broadway
Lubbock, Texas 79401
| (806)
747-8002 |
|
Office |
| (806)
747-8110 |
|
Fax |
|
Nicky Boatwright and Stephen Hamilton are Criminal Defense
Trail Attorney's in the state of Texas covering
Amarillo, Canyon, Andrews, Abernathy, Acuff, Amherst,
Anton, Arnett, Bledsoe, Brownfield, Cotton Center,
Crosbyton, Dickens, Floydada, Hale Center, Idalou, Lamesa,
Levelland, Littlefield, Lockney, Loop, Lorenzo, Lubbock,
Meadow, Morton, Muleshoe, New Deal, New Home, O'Donnell,
Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom
Canyon, Shallowater, Slaton, Smyer, Tahoka, Wolfforth,
Seminole, Tulia, Midland, Odessa. |
|
|
|
Free
Consultation Payment Plans Available
Major Credit Cards Accepted
|
Reproduction of any material on this site without written permission is strictly prohibited.
© Copyright 1997-2005 BLS 2007
Boatwright & Hamilton Attorneys At Law. All Rights Reserved. |
|
