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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Breath Testing , DWI Trial Results and News

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: DWI Enforcement News

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Breath Testing

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Breath Testing

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: DWI Detection and Enforcement , Field Sobriety Tests

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: DWI Enforcement News

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Blood Testing , DWI Enforcement News

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: DWI Enforcement News

Bookmark:

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 " »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Breath Testing , DWI Trial Results and News

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: 50 Texas DWI Facts You NEED To Know

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: 50 Texas DWI Facts You NEED To Know

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: 50 Texas DWI Facts You NEED To Know

Bookmark:

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.

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: 50 Texas DWI Facts You NEED To Know

Bookmark: