DWI / Texas Drunk Driving
Serving Travis County, Hays County
And Williamson County
Know Your Texas Driver's Rights
a right to:
1. Not answer any questions other than name, date
of birth and address.
2. Refuse to perform roadside tests.
3. Refuse to have your eyes tested.
4. Refuse to blow into a handheld breath tester.
5. Refuse to consent to a breath or blood test, if
you are asked to take one.
Be polite and produce requested
Call Immediately 512- 469-6056
As 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
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
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?
Drunk Driving (DWI) Trial Defense Attorney
If you find yourself, a family member, or friend in this
situation, you need an experienced and well-skilled attorney who
practices only in the area of criminal defense law. For better or
worse, criminal law has its own unique practice and methodology.
Frequently you will find attorneys who practice criminal law, but
also handle personal injury, divorce, and other matters. They may be
good attorneys, but I believe that criminal law is too specialized
to risk my clients to any distractions facing an attorney who
handles multiple types of law and who is not in the trenches
Criminal Defense Trial Attorney
812 San Antonio St., Suite 100
Austin, TX 78701
Call Toll Free -
Free Consultation Payment Plans
Available Major Credit Cards Accepted
Ken 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.
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© Copyright 2013 Ken Gibson Attorney and Counselor at Law. All Rights Reserved.
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