No matter what the situation may seem like, it is impossible to know how to fight a DWI charge without the right training. DWI is very specialized. It involves either infrared spectroscopy (breath testing) or gas chromatography (blood testing). The breath or blood test may not be admissible due to legal or scientific issues. Prosecutors do not generally collect this data (maintenance records, machine validation studies, calibration records). This is specialized data that must be obtained independently. The Coffey Firm has earned a reputation in understanding, obtaining and successfully fighting the forensics of a DWI. What may look like a totally unwinnable case may actually turn out to be a case that the state can’t meet their burden of proof.
The Texas Penal Code defines a DWI, in section 49.04 as “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
The Texas Penal Code defines Intoxicated, in section 49.01 as “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 in the body, or having an alcohol concentration of .08 or more.”
When you get a DWI it is natural to feel ashamed, alone, deeply disappointed in yourself and even angry. It is also natural when falsely accused to feel deep resentment, bitterness towards the police and rage over feelings of disrespect. If you get down on yourself please know that there will always be an end to this saga. “Drink. Drive Go to Jail.” is NOT the law. “Drive Sober or Get Pulled Over” is NOT the law. Know that many good people have been where you are. If you are looking for an experienced DWI lawyer near you, know that Mimi Coffey handles most of Dallas-Fort Worth Metroplex and surrounding areas.
When you face a DWI charge it can be scary, intimidating, and exhausting. Throughout the process of your case, you will want a caring, knowledgeable, and hard-working team on your side. The Coffey Firm wants to help you through this process.
You can still be charged if you are under .08 despite this being the legal amount?
You can be charged for DWI based on prescription medication, marijuana, or other drugs?
Most large north Texas counties have magistrates on standby to get a warrant for blood if you refuse to give a sample of breath or blood? As a result, there is no such things as “No refusal weekend” any more.
You have a right to refuse to answer questions in a DWI? (However, you must still submit to handing over license, insurance and registration)
You have a right to refuse to perform the field sobriety tests. However, The U.S. Supreme Court does require you step out the vehicle.
The National Highway Safety Administration (NHTSA)’s standardized field sobriety tests have been subject to scientific peer review criticism? (for eg. Dr. Spurgeon Cole study, Dr. Steve Rubenzer paper)
Texas law requires submission of a margin of error for all blood tests?
There are all kinds of scientific issues and concerns with proper breath and blood testing?
1st DWI: Class B Misdemeanor, 3 – 180 Days, up to $2,000 fine
2nd DWI: Class A Misdemeanor, 30 Days – 1 Year, up to $4,000 fine
3rd DWI: 3rd Degree Felony, 2 – 10 Years, up to $10,000 fine
DWI w/Child Under 15: State Jail Felony, 6 Months – 2 Years, up to $10,000 fine
** If you get charged with a DWI with a B.A.C. of over .15 you will automatically be charged with a Class A Misdemeanor**