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What To Look For in a top DWI Lawyer

Mimi has been practicing criminal defense for 28 years in north Texas and knows exactly what you should look for in a top Tarrant County DWI lawyer. Whether you are looking for an Arlington top DWI lawyer, Ft. Worth, Dallas or its many north Texas suburbs, the Coffey Firm is well known for honest, skilled representation.  For starters, these are serious warnings:

  1.  DON’T TRUST THE REVIEWS. Most people with a DWI do not want to be known as having one.  Don’t trust the reviews. Most clients do not want to be known through a review. We cannot speak to the legitimacy of all the reviews.
  2. BIG ADVERTISER DOLLARS DOES NOT EQUATE TO BIG RESULTS, IT EQUATES TO BIG OVERHEAD. Don’t trust the big marketers.  Just because a law firm can pay for ads does not mean they are competent.  Google Ads  can cost hundreds of thousands of dollars.  It is way too easy for law firms that do no specialize in DWI to appear they are the best to hire.  Trust experience, word of mouth and credentials. Most lawyers who advertise they are “DWI lawyers” do not even belong to the nation’s premier DWI organization the NCDD. The NCDD provides the only board certification in DWI recognized by the American Bar Association and the Texas Board of Legal Specialization. Mimi Coffey is the only north Texas lawyer (DFW) board certified in DWI by the NCDD.
  3. ANY LAWYER WHO PROMISES A RESULT SHOULD NOT BE TRUSTED. It is impossible for a lawyer to promise a result without being able to see the State’s evidence, negotiate and discuss your version of the facts.  To do so is to violate the Texas Lawyer’s Creed and is unethical. Of course, everyone wants soothing reassurance that their case will go away. This simply is not true for most people. Anytime a lawyer tells you what you want to hear from the very outset of a case, you should be suspect.  You want a truthful lawyer, not a charlatan.

Mimi Coffey has practiced DWI defense for 28 years in north Texas. She has the experience, wisdom and caring to know how to best help you with your situation.  Mimi has earned a reputation of what you want in a Tarrant County DWI lawyer:

  1. Experience.  Mimi has been practicing for 28 years. She opened the Coffey Firm in 2000. The Coffey Firm has been serving north Texas for 23 years.   People know that she has an open door policy, walk ins are welcome, and all her clients get her cell phone. She has a fully staffed office in both Fort Worth and Dallas serving Tarrant, Parker, Johnson, Wise, Dallas, Collin, Denton, Rockwall and Ellis counties.  She analyzes every single case personally. She has had close to 400 trials. She is not  just a well known name on a billboard. She is a hard working, humble, caring, accessible lawyer that cares very much about the people who come to her.
  2. Wisdom.  Lawyers across the country seek her help and advice. For years she has lectured to other lawyers across Texas and the country. She has published numerous articles in both the state and national criminal defense lawyer magazines.  She has published 2 textbooks on DWI in Texas.
  3. Caring.  Mimi believes strongly that lawyers owe a duty to help their communities.  For years Mimi has been providing scholarships to high school and law students. She is an active member of the Texas Tech School of Law Foundation Board. She gives back to the State Bar of Texas by serving on the Jury Service Committee of the Texas State Bar. She is in her 11th year of public service to other DWI lawyers on the NCDD Board of Regents which helps educate public defenders across the United States.  On a personal level, she is a mom to 4 grown children.  She took in an exchange student years ago and a family from Ukraine after Russia invaded.  Mimi refused to ever let her mother go into a nursing home. Mimi’s mom lived with her since law school and they were a powerful team until her passing this March at age 88.

Call the Coffey Firm at 817-831-3100 with your Tarrant County DWI or criminal case. Experience matters. Kindness, caring and compassion are key.

How Accurate are Texas DWI Blood Tests?

An instrument, or machine, specifically – the gas chromatograph, requires validation before labs may use it for reporting forensic blood results. ANSI/ASB 036 sets forth standards that serve as a minimum for ensuring that a machine can produce accurate results.  The most frequent issue I have run into with my cases when an expert analyzes the discovery is lack of proper validation on the machine. For example, it cannot properly account for matrix effects because the validation test use aqueous solutions versus blood. This is like comparing apples to oranges.

ANSI/ASB 054 sets forth minimum standards for quality control.  It specifically states that matrix-matched controls shall be used 054 (6.1). Once again, calibration on blood is required versus aqueous solutions.  Many north Texas crime labs are calibrating with aqueous solutions when they should be using blood. An Austin Texas DPS study reported an approximate difference of 20% when using aqueous versus blood solutions.

How reliable is Texas DPS in safeguarding forensic integrity? Well, it certainly was not forensically advisable for the lab to report results from tubes that lacked the required preservative, yet they did.

It is time for judges to hold laboratories accountable to the standards they must follow. Unfortunately, it has been my experience that some judges do not do this.  Judges are the gatekeepers of law and the standards.  You can’t expect laboratories to comply with requirements if they can get away without it.

There are many issues in Texas DWI blood tests that deserve investigation. Over 28 years, Mimi knows what to look for and how they affect your case.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI LawyerDallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

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Texas DWI & UCW Charges: “I got a DWI and They Took My Gun!”

“Geez, I got a DWI and on top of all that, they took my gun!” Getting a DWI is stressful. However, the police confiscating your gun after the DWI arrest is even more stressful! We, at the Coffey Firm, understand that most people who get a Texas DWI and UCW did not intentionally go out and plan on getting a DWI while carrying a gun in their vehicle. Many people form a personal attachment to their gun. It may be a family relic, have sentimental value, or it could be an expensive valuable.

Regardless, we understand the frustration of having to fight two charges at once. We understand that you do not want a Texas DWI and UCW (unlawfully carrying a weapon) conviction. The Coffey Firm will do the best we can in defending you. We will walk you through all the evidence, Texas gun forfeiture laws & Texas DWI law, and options. We combine this with an in depth understanding of your facts, circumstances, life pressures and priorities.

Some helpful information when facing Texas DWI and Texas UCW include:

  1. Understand that the law makes it illegal to carry a gun after a DWI conviction.
  2. Your gun case is a separate case from your DWI.
  3. There are many options and legal considerations for getting your gun back.

We will discuss the objectives of your gun with you. This means its return, its forfeiture in exchange for various plea options if relevant, and more. We will do the best we can to help you achieve your goal.

What are the Texas Gun Forfeiture Laws?

The law on gun forfeiture and return on a Texas UCW (Texas Penal Code 46.02) is governed by the Texas Code of Criminal Procedure Article 18.19. What is most often relevant is (d):

(d)  A person either convicted or receiving deferred adjudication under Chapter 46, Penal Code, is entitled to the weapon seized upon request to the court in which the person was convicted or placed on deferred adjudication. However, the court entering the judgment shall order the weapon destroyed, sold at public sale by the law enforcement agency holding the weapon or by an auctioneer licensed under Chapter 1802, Occupations Code, or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court if:

(1) the person does not request the weapon before the 61st day after the date of the judgment of conviction or the order placing the person on deferred adjudication;
(2) the person has been previously convicted under Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or receives deferred adjudication was committed in or on the premises of a playground, school, video arcade facility, or youth center, as those terms are defined by Section 481.134, Health and Safety Code; or
(5) the court determines based on the prior criminal history of the defendant or based on the circumstances surrounding the commission of the offense that possession of the seized weapon would pose a threat to the community or one or more individuals.

Please do not lose hope.

Remember, your gun case is just one part of the Texas DWI picture. Without a Texas DWI conviction (unless there are other legal reasons), your gun possession is legal. However, even with a DWI conviction, your chances of getting your gun back are largely in part up to you. But do not worry, we will carefully go over these options and choices and look forward to helping you.

 

Police say people who smoke weed have ‘green tongues,’ though there’s no scientific evidence

cMimi Coffey DWI Lawyer, Texas Weed, Texas DUI
Police say people who smoke weed have ‘green tongues,’ though there’s no scientific evidence.

From USA TODAY: Police say people who smoke weed have ‘green tongues,’ though there’s no scientific evidence. Police officers nationwide use the observation, among other signs, to justify probable cause and make arrests, specifically in DUI cases.

Police officers across the USA alleged in some DUI cases that people who recently smoked marijuana had green tongues. One specialized training program taught all around the world has law enforcement look for a “possible green coating”.

However, police point to no scientific studies that show marijuana causes someone’s tongue to turn green. These makes many criminal defense lawyers consider “green tongue” arrests to be arrests based on junk science.

“[If they convict someone], it should be . . . proven beyond a reasonable doubt,” said Bradley Myerson, a Vermont defense attorney. “Green tongue has nothing to do with marijuana ingestion, let alone impairment.”

Source: https://www.usatoday.com/story/news/nation/2019/11/07/green-tongue-marijuana-dui-cases-signs-of-smoking/2517018001/

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney and is board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law. 
 
The Coffey Firm handles a wide variety of cases, including Driving While Intoxicated (DWI), Unlawful Carrying of a Weapon (UCW), Assault (including family violence), Theft and Possession charges
 
Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise CountyDWI Lawyer Tarrant CountyDWI attorney Dallas CountyDWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Forensic Problems in the Criminal Courts

Mimi Coffey DWI Lawyer, forensic problems

Forensic problems caused a wrongful conviction in the Michael Morton case.

There is a big difference between civil courts and criminal courts. The obvious fact is one deals with money and the other, the loss of liberty (e.g., jail or prison). The rules of evidence that govern both systems are essentially the same. At least, one would think they should be the same. The reality is that criminal courts have come under large scrutiny for not following the rules of evidence when it comes to the forensic problem of bogus science. The National Academy of Science and The National Institute of Justice were both contracted to perform a comprehensive study on the state of modern forensic science methods allowed in court. They issued a scathing report. Here is the report: https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf. In her 25 years of trial experience, Mimi has seen these forensic problems firsthand and fights the courts when they don’t follow the rules of evidence.
 
 — The Difference between Criminal and Civil courts
 
Law enforcement has crossed many lines in their efforts at obtaining convictions. Here is the problem. Their use of “scientific methods” to convict people such as bite mark analysis and arson investigations, like the one used in convicting Michael Morton to over 30 years of prison, are under fire by the nation’s scientific community. How has this happened? The simple answer is that the criminal judges in this country have forsaken the gate keeping role established by rule of law, while the civil courts have done an excellent job of keeping out fake science. Civil turned criminal defense attorney Mike Mosher articulates his shock at how the criminal courts do not follow established law when it comes to allowing in questionable police tactics to convict.

Daubert Factors

The established law in the United States for admitting forensic evidence is the Daubert standard. The Court in Daubert defined “scientific method” as the process of formulating hypotheses and then conducting experiments to prove or falsify a hypothesis. It sets out five factors in determining the legitimacy of a “scientific” method before the jury can consider it:

1. Whether the theory or technique employed by the expert is generally accepted in the scientific community;
2. Whether it has been subjected to peer review and publication;
3. Whether testing the theory is or will be possible;
4. The known or potential rate of error and whether it is acceptable; and
5. Whether the research is independent of the particular litigation or dependent on an intention to provide the proposed testimony. (In other words, a person cannot create a science just to use in court.)

We need to do more to solve these forensic problems

The purpose of the justice system is to arrive at truth. Truth is impossible when using fake methods to convict a person. As the commentator, Mike Mosher, refers to in ​the above video, it is alarming that our criminal courts across America have fallen prey to allowing the overzealous whims of law enforcement to dictate evidence, even when such evidence is fake.
 
Mimi met Mike at the nation’s largest DWI seminar put on by the NACDL and the NCDD in Las Vegas. He has spent a successful career suing pharmaceutical companies in civil courts over false claims to save lives. The low admissibility standard in criminal courts shocked him. Many criminal defense lawyers, such as Mimi, are used to the low standard used in admitting ineligible evidence. The problem is that criminal appellate courts let these forensic problems slide. There are innocence clinics popping up in law schools all across America trying to combat these forensic problems. We must be aware of these atrocities committed in our courts in the name of “tough on crime” and do better to prevent further injustices.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Defending the Asleep at the Wheel DWI cases

Mimi Coffey DWI Lawyer

Mimi Coffey presents on Defending the Asleep at the Wheel DWI cases at the National Association of Criminal Defense Lawyers & the National College of DUI Defense Las Vegas DUI seminar (2019)

Mimi Coffey:  Mimi is board certified in DWI defense by the National College of DUI Defense (NCDD). She is a Regent with the National College of DUI Defense. She is the chairman of the NCDD Forensics Committee. Mimi is a frequent speaker at both national and state-wide seminars, including the above Defending Asleep-at-the-Wheel cases seminar. She is an experienced DWI attorney with a proven trial record (over 300 cases, with 80% of them being jury trials). Mimi has won the President’s Heart of a Champion Award from the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. She has also spoken at and been the course director for many TCDLA DWI seminars, and she has co-chaired the “Mastering Scientific Evidence” seminar in New Orleans for many years.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Mimi Coffey At The Blood, Breath & Tears XXVI in Florida (2019)

Mimi Coffey is board certified in DWI defense by the National College of DUI Defense (NCDD). Mimi is a Regent with the National College of DUI Defense. She is the chairman of the NCDD Forensics Committee. Mimi is a frequent speaker at both national and state-wide seminars. She is an experienced attorney with a proven trial record (over 300 cases, with 80% of them being jury trials).

She even sued the Texas Department of Public Safety in federal court on the Texas DPS surcharge program. When the Pantego Police Department started using officers to draw blood in DWI cases. Mimi even sued the individual officer in civil court. She has won the President’s Heart of a Champion Award from the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. She has spoken at and been the course director for many TCDLA DWI seminars. Mimi has also co-chaired the “Mastering Scientific Evidence” seminar in New Orleans for many years. Mimi Coffey is the author of Texas DWI Defense published by Lawyers and Judges Publishing, now in its second edition.

Mimi Coffey DWI Lawyer

Here, Mimi combines DWI/DUI defense and the ethical concerns involved in representing a client who has someone else paying for the representation in her lecture. This is a complex legal question that many clients, and their families, might deal with during representation.

Mimi Coffey DWI Lawyer
Mimi and course director Michael Kessler

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

The New Fake Deferred Adjudication DWI Law

Mimi Coffey DWI Lawyer, Texas DWI, Texas DWI Deferred Adjudication

The New Fake Deferred Adjudication DWI Law

Warning

Don’t let The New Fake Deferred Adjudication DWI Law bill fool you. The uninformed may choose to get a fake dismissal not knowing it is fake. Mimi will analyze your DWI case during a full case evaluation and review all options to determine the best course of action.

What is it?

Before Sept. 1, 2019 there was no such thing as deferred adjudication for any type of DWI offense. Cases ended either in a DWI conviction, dismissal or reduction to a lesser charge (typically an “obstruction of a highway”).

Deferred Adjudication

A true deferred adjudication occurs when a defendant pleads guilty (or no contest, if allowed) to a charge. After successfully completing probation, the court dismisses the case. In other words, the State cannot use the case against you. True deferred adjudication is a second chance type of punishment. True deferred adjudication represents the carrot and stick approach. If one finished the conditions of probation (as if convicted for the offense), the reward is a true dismissal.

The Deferred Adjudication DWI law is Texas Code of Criminal Procedure 42A.102, which says (in simple language):

  • The judge may grant deferred adjudication unless:
    • the defendant is charged with . . .
      • A DWI or BWI, and, at the time of the offense
        • the defendant held a CDL; or
        • the defendant had BAC of .15 or more
      • for a DWI which may be enhanced (i.e., a DWI #2 or higher even if negotiated down to a Class B)
      • A DWI with a child passenger, FWI (Flying while Intoxicated), Assembling an Amusement Park Ride while Intoxicated, or Intoxication Assault/Manslaughter

In other words, the DWI has to be a true 1st time offense (Class B Misdemeanor) and you must not be a CDL holder. Do not confuse this with eligibility for nondisclosure, though. If, at the time of offense, you had a BAC of .15 or more, you are ineligible for a nondisclosure even if you receive a lower charge. This is because nondisclosure eligibility is based on whether your case is punishable as a Class A or higher charge, not the actual punishment given.

Will I receive a true dismissal after DWI deferred adjudication?

The plain and simple answer is NO. The case still exists. Prosecutors may use it in the future in the same way as a regular conviction. In the old days, true deferred adjudications were unable for use against a person. But, the law changed. The DWI deferred adjudication is exactly like the family violence deferred adjudication in that it counts as a conviction for enhancement purposes.

How others use the deferred adjudications against you

Nowadays, apartment complexes, employers and licensing agencies use successful deferred adjudications against a person in the same manner as convictions. For example, applications ask for both convictions and deferred adjudications. Licensing agencies are even barring people from certain vocational licenses due to deferred adjudication. For example, a dental hygienist trying to renew their license must report any conviction or deferred adjudication as part of the renewal process. In other words, a dental hygienist might lose their career despite deferred adjudication meaning there is no actual finding of guilt. This might also mean that a mechanic or shop owner can’t even have a license to inspect cars if on DWI deferred adjudication (barred for 10 years as mentioned in the statute below).

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage? sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=23&rl=5

“(g) For purposes of this section, a [conviction occurs] when [the court enters an] adjudication of guilt or an order of deferred adjudication for the offense . . . against the person by a court of competent jurisdiction.”

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges. We can also help you try to seal your record or avoid probation revocation.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Texas Has a Real Problem with Forensic Testing Accountability

Mimi Coffey DWI Lawyer, Texas Blood Draw, Texas Forensics

Texas Has a Real Problem with Forensic Testing Accountability

An El Paso Texas Department of Public Safety forensic analyst faked 22 blood results and the Texas Forensic Commission finds she was negligent. Faking blood results is not mere negligence. It is criminal and can ruin the lives of many. Let’s break this situation down to clarify the issue . . .

What went wrong?

A Texas Department of Public Safety forensic analyst, Ana Lilia Romero, had 22 blood samples to retest. Instead, she did a cut and paste job of the earlier test results. This is criminal misconduct, no mere negligence. Negligence occurs, for example, when you accidentally forget to record the storage room refrigerator temperature because you were in a hurry. Criminal Misconduct is reporting results for 22 tests that you did not perform.

Why not count the first lab results?

Well, protocol required that she retest the 22 blood samples because of equipment failure. Equipment failure is, obviously, a serious issue that can affect the results of a blood test.

Who would actually go so far as to fake lab results?

The general population would tell you that no one would. Many of these same people would also tell you that if anyone ever did, the lab should fire them. Well, this pattern of criminal misconduct exists at the Texas Department of Public Safety. This is not the first time Texas DPS caught an analyst faking results or “dry labbing”. The Department did not fire the previous analyst, nor did they fire Ms. Romero (she resigned). Though accidents do happen, the important thing is to catch the mistake and fix it. Questions arose as to this analyst’s truthfulness when questioned about the incident under oath in a court of law. Texas DPS decided to reassign this analyst to a different lab rather than have him continue to do blood tests in the Texas DPS Garland laboratory.

What should happen after finding misconduct in forensic testing?

When this happens in other states, the district attorney notifies all affected people (tests run by the same analyst). Often, due to the malfeasance and lack of trustworthiness in the analyst’s work, a district attorney will choose to throw out the former tests.

What is happening in Texas?

The fact that the Texas Forensic Science Commission chose to find negligence, rather than misconduct, indicates that it is not willing to stop protecting its wrongdoers. The Commission exists to protect the citizens of Texas, not wrongdoers. https://www.elpasotimes.com/story/news/crime/2019/08/26/texas-forensic-science-commission-backs- finding-professional-negligence-el-paso-blood-alcohol-test/2121471001/

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

The Serious Problems with Texas’ Breath Test Program

In my last trial, Tarrant County Criminal Court no.2, cause no. 1528525, the State’s expert readily conceded facts about Texas’ breath test program that are unacceptable.  

(fig. 1) The Intoxilyzer 9000

First, The Texas Department of Public Safety, a law enforcement agency,  runs the breath test program for the entire state of Texas. The Scientific Director for Texas DPS comes up with the regulations and oversees the program.  For scientific integrity, a law enforcement agency should never be in charge of forensic, scientific evidence. There are no checks and balances in this system. Power is very dangerous when it all rests in one body. Accordingly, there is a direct conflict of interest allowing the police to be in charge of forensic testing. President Barack Obama created a National Forensic Science Commission to come up with national standards for forensic science. After President Trump took office, he destroyed this body.  It is unwise and unsafe to allow law enforcement agencies to come up with their own standards. Therefore, we should leave science to the scientists.

The Intoxilyzer 9000

Second, Texas is now using the Intoxilyzer 9000. (fig. 1). CMI in Kentucky manufactures this breath alcohol estimator, also known as a breathalyzer. When purchased, it comes from the factory set to factory calibration. However, Texas DPS requires “in-house” re-calibration of each machine. If the manufacturer is producing an accurate breathalyzer, this is not necessary. If the manufacturer is producing an inaccurate breathalyzer, it is not acceptable that Texas uses these machines. This begs the question: What about the other problems in the machine that don’t relate to calibration?

Traceability

Finally, Calibration should always have traceability. For example, if I calibrate my scale at home and decide that all scales should be judged for accuracy based on my self calibration, it is incumbent that I prove my method is based on accuracy that is traceable. The United States has a department for traceability of measurements, known as the National Institute of Standards and Technology (NIST).  In Texas, individual breath test technical supervisors are allowed to create their own reference solutions and they verify it by testing it on their own labs’ equipment (other breath test estimators or in house gas chromatography machines).  This is unacceptable, particularly when there is no independent, outside scientific group responsible for the estimators’ calibration. 

These are just the basic premise problems with Texas’ programs. The Texas Breath Testing program lacks accountability. Therefore, until there is separation between law enforcement and forensic science, we cannot expect accuracy. It is a fallacy for people to overlook foundational problems of breath testing and render life threatening decisions, such as jail or prison, among other possible consequences.

-Mimi Coffey

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.