Bryan College Station DWI

/Bryan College Station DWI

“Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases”

In Brazos County the Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their conjuring attempts to correct an evidentiary deficiency in their blood test proof. Specifically, the Department tries to argue these blood test failures resulted from the suspect's "express consent" to provide a blood [...]

By | March 11th, 2016|"Off The Back", Bryan College Station DWI|Comments Off on “Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases”

“Using SFST Validation Studies in Your Next DWI Trial”

The National Highway Traffic Safety Administration (NHTSA) spent many thousands of dollars on studies to develop a battery of DWI investigation tools called field sobriety tests. The studies were funded by NHTSA to validate and standardize the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg-Stand tests. Standardization meant developing a method of administering and interpreting [...]

By | August 12th, 2015|"Off The Back", Bryan College Station DWI|1 Comment

“Quick-and-Dirty Phlebotomy Basics”

The DWI blood test case is becoming the stock-in-trade of many law enforcement agencies across the state. Whether it's a sample provided voluntarily after arrest, or obtained via search warrant following a refusal, defending blood tests are now commonplace for the DWI defense attorney. Making preparation more demanding is the technical nature of these cases. [...]

By | December 5th, 2014|"Off The Back", Bryan College Station DWI, Courtroom Trial Practice|Comments Off on “Quick-and-Dirty Phlebotomy Basics”

Know Thy Adversary – How Prosecutors are Trained to Anticipate Us

Anticipation is one of the defense lawyer's most effective tools when championing a client's criminal case. Prosecutors also get trained to anticipate us. Following are prosecutor publications written to help them anticipate our defenses in driving while intoxicated prosecutions. These are probably a "must read" for the DWI defense attorney. Want to know thy adversary [...]

By | September 22nd, 2014|Bryan College Station DWI, Courtroom Trial Practice|Comments Off on Know Thy Adversary – How Prosecutors are Trained to Anticipate Us

Bryan-College Station DWI Bond Conditions Violate Right to Silence

Persons accused of DWI in Bryan-College Station are often subject to "conditions of bond" imposed by the judge who set bond after arrest. In cases where the person is alleged to have a BAC of .15 (or above) the judges have imposed conditions including the installation of an alcohol detection device (Interlock), a driving curfew, [...]

By | November 12th, 2013|Bryan College Station DWI, Constitutional Rights|Comments Off on Bryan-College Station DWI Bond Conditions Violate Right to Silence

Helping Texas Lawyers Unravel the Intoxilyzer 5000

Texas lawyers defending DWI breath-test cases continuously search for ways to attack the Intoxilyzer 5000 and the admissibility of test results. In recent years the Scientific Director of the Texas Breath Alcohol Testing Program has adopted formal written "Standard Operating Guidelines" (SOGs) for technical supervisors to follow in the operation and maintenance of the machines. [...]

By | September 9th, 2013|Bryan College Station DWI|Comments Off on Helping Texas Lawyers Unravel the Intoxilyzer 5000

Will Lowering the Legal BAC Limit From .08 to .05 Criminalize Responsible Behavior?

A little over a decade ago advocacy groups like Mother's Against Drunk Driving assured the country science proved a 0.08 BAC was unequivocally the appropriate legal threshold to set for drunk driving. As a result of these assurances the last of the States lowered their per se intoxication level from 0.10 to 0.08 in 2004. [...]

By | May 14th, 2013|Bryan College Station DWI|Comments Off on Will Lowering the Legal BAC Limit From .08 to .05 Criminalize Responsible Behavior?

Warrantless DWI Blood Draws Held Unconstitutional

On the SCOTUSblog, Lyle Denniston recapped the recent U.S. Supreme Court cases addressing the issue of warrantless blood draws in driving while intoxicated (DWI) investigations. (see Missouri v. McNeeley) Although Justice Clarence Thomas believed the chemical breakdown of blood alcohol in the body was sufficient to justify never having to obtain a warrant before an [...]

By | April 18th, 2013|Bryan College Station DWI, Constitutional Rights|Comments Off on Warrantless DWI Blood Draws Held Unconstitutional

Travis County DA to Plead Guilty

This is a sad story and I'm not sure if I agree with the accused's decision to plead guilty so quickly. Travis County District Attorney, Rosemary Lehmberg, was arrested on April 12, 2013 for allegedly driving while intoxicated.  In a letter to the court this week, she entered a guilty plea to "whatever level of [...]

By | April 16th, 2013|Bryan College Station DWI|Comments Off on Travis County DA to Plead Guilty

Should You Blow During Your Next DWI Stop?

Should you submit to a breathalyzer the next time you're the focus of a Bryan-College Station DWI investigation? For years the standard operating procedure (SOP) for DWI suspects was "DON'T BLOW." That is, once you were arrested for DWI/DUI in Brazos County the best defense was a good offense. Citizens accused were encouraged by DWI [...]

By | January 4th, 2013|Bryan College Station DWI|Comments Off on Should You Blow During Your Next DWI Stop?