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STE 104, Helotes, Texas 78023

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Consultation

Helotes DWI/Intoxication Offenses Lawyer

DWI Defense

DWI’s and other intoxication offenses require a specialized knowledge from your attorney. The police and district attorney’s office often rely on field sobriety tests, breath tests and blood tests in order to attempt to prove intoxication. The science behind these tests is suspect at best. They also require precise execution to even be somewhat reliable or accurate. It’s important that the attorney have the knowledge and background to combat these tests and either have them prohibited from being admitted as evidence or be able to aggressively attack their credibility in a trial.

“Thank you Beau for all you did. I appreciate not having the DWI on my record and being able to drive to work.[…] I won’t see you soon. I promise.”

- J.B.

DWI/Intoxication Offenses Frequently Asked Questions

What does it mean to be ‘intoxicated’ according to the law?
The criminal code defines ‘intoxication’ as the ‘(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or. (B) having an alcohol concentration of 0.08 or more.” If you’re thinking that’s really vague, you’re correct.
What are field sobriety tests and do I have to do them?
“Field sobriety tests” are a series of three ‘tests’ done in the field by a trained police officer. One is the ‘one legged stand.’ Another is the ‘walk and turn.’ The last is the ‘horizontal gaze nystagmus test.’ You do NOT have to do them and absolutely should refuse in the event an officer requests you do them. The office is not looking for a way to let you go. They are trying to accumulate evidence to justify your arrest. Don’t give it to them.
Do I have to blow into a breathalyzer or give my blood? I’ve heard things like ‘no refusal’ weekends and such.
No, you don’t. you have an absolute right against self-incrimination. If they want your blood, make them write an affidavit for a warrant and tell a judge under oath why they should be allowed to stick a needle in your arm. There is no such thing as ‘no refusal’ laws. Whatever the officer tells you, stick to your guns, know your rights, and protect yourself.
If my blood alcohol level is below .08, they’re going to dismiss the case right?
Unfortunately, they may or may not. They can theoretically ‘prove’ intoxication by merely stating you lost the ‘normal’ use of your physical or mental faculties. So, even with a breath or blood test that’s favorable, DA’s still often cling to pursuing the case if they believe you were drinking. This adds another reason against volunteering your breath or blood.

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