Plano DWI Lawyer Blog

by Collin, Dallas and Denton County DWI Attorney Troy Burleson

May was a good month at the office for DWI breath test cases. I had three “wins” this month on cases in which my clients all gave breath tests over the legal limit. As I have reported in this blog, there are many reasons why you should set a breath test case for trial and many ways in which a good, well-prepared attorney can “win” a breath test case over the legal limit.

Continue reading " Collin, Dallas or Denton County DWI: 3 DWI breath tests “wins” for the month of May by Plano DWI lawyer Troy Burleson " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

As we have reported before, a growing number of Texas counties are instituting “no refusal” policies where officers will seek a warrant for a citizen’s blood if he or she refuses a breath test. I believe these policies will ultimately be overturned on constitutional grounds. Apparently, a former police officer and judge agrees with my contention. Below, find an except from a recent news story from San Antonio, in which attorney Jamie Balagia said. "Bring them on [the blood warrants]."

Continue reading " Texas DWI Blood Test Warrants: Former officer and judge says they are unconstitutional by Plano DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

William C. "Bubba" Head, is on the most well-know and respected DWI/DUI attorneys in the nation. I have had the privilege of meeting with him on several occasions and my law partner, Christopher N. Hoover, and he have been friends for almost 15 years. Mr. Head as published a great deal of material on the Intoxilizer 5000 and its inherent weaknesses. Click here for some of the weaknesses as written by Attorney William Head.

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by Collin County DWI lawyer Troy Burleson

The Intoxilyzer 5000, is the breath machine used by law enforcement officials in the state of Texas, as well as, other states across the nation. Many defense attorneys have challenged this machine for various reasons including, but not limited to, the age of the technology, the lack of scientific validation of the “source code”, the numerous assumptions that the machine makes in formulating its results, and the availability or alternative, more accurate, testing equipment.

Continue reading " DWI Breath Testing: Republican Congressman set to challenge the reliability or the Intoxilyer 5000 breath machine by Plano DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

Law enforcement officers in all 50 states utilize Standardized filed sobriety tests (SFSTs) to determine the impairment of a person’s driving due to alcohol influence. The SFSTs are comprised of a battery of three tests: 1) Horizontal Gaze Nystagmus test (HGN), 2) Walk and Turn Test (WAT) and 3) One Leg Stand Test (OLS). For a more in-depth explanation of these SFSTs click here.

Continue reading " DWI Field Sobriety Tests: How accurately do the SFSTs predict intoxication? by Collin County DWI lawyer Troy Burleson " »

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Posted In: DWI Detection and Enforcement , Field Sobriety Tests

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

This is interesting! According to a recent news report form Tarrant County, a Fort Worth off duty officer was charged with DWI. According to the report, Officer Guillermo "Bill" Hernandez, 40, has been placed on restricted duty -- he is not allowed to carry a badge or gun -- until an internal investigation is complete, said Lt. Paul Henderson, a police spokesman.

Continue reading " Texas Blood Test Hypocrisy? Why was a Tarrant County officer not forced to give a blood test? by Collin County DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

Collin, Dallas and Denton County mandatory DWI blood tests: As I have reported in multiples posts, local counties are experimenting with mandatory blood tests from citizens suspected of DWI who refuse a breath test. These mandatory blood draws are likely to be challenged on state and United States constitutional grounds. As counties increasingly use this overly invasive tactic (forcible inserting a needle into citizens' veins), challenges to these policies are sure to follow.

Continue reading " DWI Blood Tests: 3 sections of the Transportation Code you should know concerning DWI blood test laws by Plano DWI lawyer Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

As we have reported here many times, a growing number of Texas counties have plans to employ mandatory blood draws for any DWI suspect who refuses a breath test. According to a report today, Denton County will begin taking DWI suspects to local hospitals and seeking a warrant for their blood this Memorial Day Weekend. DWI suspects will be taken to the Denton county jail or Lewisville jail where two prosecutors, a judge and lab technician will be available all weekend to strap citizens to a table, stick a needle in their arm and remove their blood.

It is only a matter of time before someone; somewhere challenges this macabre practice under the 4th Amendment to the United States Constitution. But, until then be careful. If you have to drink this weekend, do so at home or designate a driver.

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by Plano DWI attorney Troy Burleson

As I have reported here before, there are many reasons why a person should not plead guilty if they gave a breath test that was over the legal limit of 0.08. I recently had a client, charged with DWI, who gave a breath sample nearly twice the legal limit. However, using a pre-trial motion strategy that I haved reference in this blog, I was able to get my client an acquittal.

Continue reading " Texas DWI Breath Test: A high breath test DWI can be won with proper defense tactics by Collin County DWI lawyer Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

If you are arrested for DWI in Collin, Dallas, Denton or any other county in the state of Texas, the following facts must be proven by the State:

1. Your Identity;
2. You were operating a motor vehicle;
3. In a public place;
4. In a specific county (i.e., Collin, Denton, Dallas, etc.) in the state of Texas;
5. You blood or breath alcohol level was over the legal limit; OR
6. You did not have the normal use of your mental or physical faculties

These 6 facts must each be proven beyond a reasonable doubt before you can, lawfully, be convicted of a DWI in Texas.

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

1. His boss won’t let him offer you a reduction of your charge even though they don’t have a very strong case;
2. It doesn’t matter if he believes your story, he will try to convict you anyway;
3. It is much harder for him to convict you if you refused all sobriety tests and did not give a breath or blood test;
4. He does not have all the necessary witnesses available to prove your case at trial;
5. He has evidentiary problems that will hurt the State’s case at your trial;
6. He has exculpatory evidence which would prove your innocence;
7. Because of problems with your case, he plans on dismissing it if you set it for trial;
8. He is not telling you any of the above because he is attempting to BLUFF you into a plea of guilty.

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by Collin County DWI attorney Troy Burleson

1. The arresting officer should have provided you with paperwork about the suspension of your driver’s license (DIC-24 statutory warning form);
2. You have 15 days from the day of your arrest to request an ALR hearing to contest the suspension of your license or your license will be AUTOMATICALLY SUSPENDED;
3. If you do not request an ALR hearing with 15 days of your arrest, there is no way to save your license from being suspended.

The request for an ALR hearing must be done according to SOAH (State Office of Administrative Hearings) rules. As a courtesy, my office will request your ALR hearing free of charge if your contact us for an interview. For information on an ALR hearing request and to schedule a no-obligation interview click here.

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by Collin County DWI lawyer Troy Burleson

1. The officer must have had a reasonable suspicion that you were violating the law;
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests;
3. The officer must inform you of your rights concerning a breath or blood test;
4. The officer must have probable cause before he arrests you and before he requires you to take a chemical test
5. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

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by Collin County DWI lawyer Troy Burleson

1. What you were doing the day of, and immediately prior to, your arrest;
2. How much, and what type, of alcohol you consumed;
3. Your observations of the arresting officer(s);
4. The officers’ stated reason for stopping you;
5. Whether the officer asked or ordered you to perform roadside tests (SFSTs);
6. Your opinion of your performance on the roadside tests;
7. What statements you made to the officer(s);
8. The results of any breath or blood tests;
9. Whether there were any witnesses to your arrest;
10. Whether you were observed by the officer(s) for at least 15 minutes prior to a breath test.

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

1. An attorney who is knowledgeable and well practiced in the area of Texas DWI law;
2. An attorney with a good reputation and actual trial experience;
3. A good investigation of the facts of your case;
4. A vigorous, well-crafted, cross-examination;
5. An attorney with a sound understanding of constitutional principles and an ability to relate those principles to the jury.

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

1. Motion to Suppress Evidence on the ground that you were unconstitutionally stopped;
2. Motion to Suppress Evidence on the grounds that there was an unconstitutional search and seizure;
3. Motion to Suppress Statements on failure to give Miranda rights;
4. Motion for Discovery of all evidence the State intends to use against you at trial.

Failure to file any of the above motions may prevent your case from being dismissed when it should have been. In addition, failing to file these motions may prevent you from being told about evidence that would tend to prove your innocence.

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by Plano DWI attorney Troy Burleson

1. Contest the constitutionality of any search and seizure of your person;
2. Contest the constitutionality of your stop;
3. Contest the constitutionality of the administration of roadside tests (SFSTs);
4. Contest the constitutionality of the probably cause of your arrest;
5. Contest the constitutionality of the reading, or lack there of, of your Miranda rights;
6. Contest the manner in which roadside tests were administered by the officer;
7. Contest the use of any blood or breath test.

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by Collin County DWI attorney Troy Burleson

1. A proper evaluation and estimation of the strengths and weaknesses of the State’s case against you;
2. The effect a DWI conviction will have against your personal and professional life and future.

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

1. By his inconsistent statements his failure to record all the facts in his report, or his failure to properly recollect the facts of your arrest;
2. By his inability to conduct the Standardized Field Sobriety Tests in the prescribed manner;
3. By cross-examining the officer and making him admit that he made a mistake.

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by Plano DWI lawyer Troy Burleson

1. According to the law, you have an absolute right to a jury trial for ANY criminal case, including a Texas DWI;
2. To get a jury trial for your Texas DWI, you or your attorney must simply request one from the court.

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

1. Simply put, if you plead guilty, you have zero (0) chance of winning your case. Regardless of the facts of your case, you always have a chance at winning if you set your case for a trial. As we have reported here before, many things can happen to torpedo the State’s case against you. Witnesses may not show, or if they do, they may be unprepared, evidence may be lost or ruled inadmissible, or you may get a favorable jury. Any of these facts, and many others, are reasons why it is advisable to set your Texas DWI for a jury trial;
2. At trial, 6 people have to agree, BEYOND a reasonable doubt, that you are guilty instead of having a judge or prosecutor decide if you are guilty or not;
3. Jurors have real life experiences that may make them sympathetic to you and your situation.

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by Collin County DWI attorney Troy Burleson

1. If your blood alcohol concentration was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time;
2. If you refused a breath test, your license may be suspended for 6 months (180 days);
3. If you submitted to a breath test and you were over .08, then your license may be suspended for 3 months (90 days).
4. Keep in mind: If your license is suspended, you may be granted an occupational license
5. HOWEVER: If you have prior DWI contact with law enforcement or if your license has previously been suspended, there may be a waiting period before the court will grant you an occupational license. For more information about waiting periods click here.

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1. Request an occupational driver’s license if your license is suspended; or
2. Hire an attorney to contest the suspension for you.

by Collin, Dallas and Denton County DWI Attorney Troy Burleson

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by Plano DWI lawyer Troy Burleson

There is nothing more that I enjoy in life than being a trial attorney. Through my years at the district attorney’s office and as a solo defense attorney, I have heard and seen many things that would make most people laugh, cringe and be saddened. This secction of my blog is dedicated to the real life stories that I have experienced as a young trial attorney. In order to project my clients, some of the names and events have been altered or changed. However, the stories that follow are based on true, actual events that have happened to me in the course of the hundreds of trials that I have successfully taken to verdict. These stories have humored, saddened and angered me in their respective facts. I hope you enjoy reading, as I enjoyed being a part of, the following accounts from the life of a young trial attorney

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Posted In: AHHH Objection?: True Life Tales from a Young Trial Attorney.

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

If you believe that you are someone you love has been wrongfully convicted of a crime in Texas, then you need to know about the Innocence Project.

Continue reading " Wrongfully Convicted of a Texas Crime? See This NOW! by Collin County DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

One of the most debated pieces of evidence in Texas DWI trial is breath test evidence. Generally, most defendants who give a breath sample over the Texas legal limit of 0.08 either plea guilty or are told not to fight the case by their legal counsel. If you have been charged with a Texas DWI and you gave a breath sample over the legal limit, you situation may not be hopeless.

Continue reading " Breath Testing in Texas: Indefensible Evidence or Junk Science? by Plano DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

According to an NBC 5 report for May 13, 2008, Collin County will begin efforts to make mandatory blood testing a standard procedure for DWI traffic stops. As I have reported before, the District attorney believes that this policy will force more people charged with DWI to plead their case instead of set them for trial.

Continue reading " DWI Blood Tests: Collin County to Launch Mandatory DWI Blood Tests by Plano DWI attorney Troy Burleson " »

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Plano Texas DWI Court Process

If you or someone you love has been arrested for DWI in Texas then you probably have many questions you need answered. DWI is a complicated law with many provisions that sometime confuse even the best of lawyers. This article’s purpose is to give you some basis information about the DWI process in Texas.

The first thing you need to understand is that DWI is a crime. A DWI charge caries penalties that may include license suspension and the possibility of being placed in jail for up to 180 days. Because one of the main causes of injury and death on Texas highways is DWI, the state legislature wrote the DWI laws to carry stiff punishment.

It is important to remember that it is not a crime to drink alcohol and drive. Responsible social drinking is not against the laws of the state of Texas. Drinking and driving only becomes a crime when a person consumes too much alcohol and loses his or her normal ability to safely operate a vehicle. Therefore, anytime you intend to consume alcohol ad the drive, you have a responsibility to do so responsibly so that no one is endangered by your conduct.

Continue reading " PlanoTexas DWI Court Process: Arrested in Collin, Dallas or Denton County for DWI? Here is what you should know about DWI. by Plano DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson
As we have reported before, police agencies have grown frustrated with citizens exercising their right to refuse a request for a breath test when being investigated for DWI. Therefore, many local counties have instituted experimental “no refusal” weekends in which police seek a search warrant to take a blood sample if someone suspected of DWI refuses a breath test.

Continue reading " Permanent Blood Suckers! Local Counties to Institute Permanent DWI Blood Draws!! by Collin County DWI attorney Troy Burleson " »

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by Plano DWI lawyer Troy Burleson

Click the link bel;ow to view a Driver's Rights card. Print this card out an keep it in your car to help remind you of your rights should you ever be pulled over by a police officer and questioned about your sobriety.

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by Collin County DWI lawyer Troy BurlesonIt appears that Lubbock County, Texas has joined the growing ranks of Texas counties who are instituting the policy of testing blood search warrants. According to a recent report, authorities in Lubbock are testing a new policy that lets them draw your blood without your consent if an officer suspects you have committed the offense of DWI.

Continue reading " Another Texas County Out For Blood: Lubbock to Begin Mandatory Blood Testing. by Plano DWI attorney Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson
Even non-drinkers could be in danger of being charged with DWI if they are taking the drug Ambien. We have had several new client interviews lately who tell us they had a “blackout” for a period of time on the night of their arrest for DWI. As strange as that may sound, these people are not alone.

Continue reading " Charged with DWI After Taking Ambien? You are not Alone. by Collin County DWI lawyer Troy Burleson " »

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

Like I have said many times before, you never know what is going to happen at trial. Today, I had a breath test trial in a local county (I will not name the county to protect the prosecutors). My client gave a breath sample above the legal limit (greater than 0.08) and above the statutory limit in Texas that would have required a deep lung device had my client been convicted or entered into a guilty plea (greater that .150).

Continue reading " Should You Set A Breath Test Case for Trial? Yes, Because You Never Know. by Plano DWI lawyer Troy Burleson " »

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by Collin County DWI attorney Troy Burleson

Following the lead of the Fort Worth and Arlington police departments who routinely declare “no refusal” weekends in which the police seek warrants for blood from DWI suspects, the Burleson police department has declared warrant war on DWI suspects.

Continue reading " Out for Blood: Another Texas Police Department to Begin Obtaining Blood Warrants for DWI Suspescts. " »

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

Representative Mike Krusee, R-Williamson County, was arrsted last week and charged with DWI. According to official reports, Krusee was detained and arrested after a Williamson County deputy witnessed Krusee's BMW driving erratically and "weaving from one side of the lane [of traffic] to the other."

Continue reading " Texas Lawmaker Bitten By His Own DWI Bill by Plano DWI attorney Troy Burleson " »

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