DUI

Dallas DUI/DWI – Intoxication Defined:

The word “intoxication” is specifically defined in Texas:

• Not having the use of your mental faculties because of alcohol, a controlled substance, or a combination of the two;
• Or any other substances introduced into the body;
• Or having a blood alcohol level (BAC) of .08 or above

It is inherent upon the prosecutor to prove only any one of the three elements in order to obtain a DUI guilty verdict. In DUI cases, the arresting officer claims that the driver is legally intoxicated. He bases this assertion on his observations, roadside sobriety tests and breath test, but ultimately it is up to the prosecutor, not the officer, to prove the case in court. Even if it looks like you are guilty, you are not until it is proved in court. in Texas, this must be proved beyond a reasonable doubt. Your best chance of obtaining a “not guilty” verdict – or for the DUI/DWI charges to be dismissed or reduced to a lesser charge – is to engage the services of an experienced Dallas DUI/DWI attorney. Call our office now for a free, no obligation consultation. Together, we will look at the circumstances of your case and help you understand your future options. If you decide to hire us, we can proceed from there.

What To Do if You Are Stopped for DUI/DWI and Questioned

If you are stopped by police, there are certain ways to behave that may help you. Do not be arrogant, rude or disrespectful. In fact, be polite and confident. Do not incriminate yourself. Do not start talking and chatting nervously. There are different opinions as to what to tell the officer if he asks you if you have been drinking. Just remember that you are not required to say anything to incriminate yourself. The officer will proceed with his DUI investigation if he thinks you are intoxicated - regardless of what you say. Therefore, if you act in a frantic or defensive manner, it might only reinforce the idea in his mind that you have been drinking.

Unfortunately, in Texas, as in most states, you do not have the right to legal counsel while you are being questioned for DUl/DWI or when you are given roadside sobriety tests. However, an officer does not have the right to prohibit you from asking to call an attorney prior to taking the tests. Many people are too frightened or intimidated to ask to call a lawyer when they are being questioned. Ultimately, if you are charged with a DUI offense, you will need sophisticated and experienced legal representation to mount the best defense possible. Remember: you are innocent until and unless you are found guilty in a court of law. It is your right to obtain legal counsel and to fight the charges.

 

What To Do if You Are Stopped for DUI/DWI and Questioned

If you are stopped by police, there are certain ways to behave that may help you. Do not be arrogant, rude or disrespectful. In fact, be polite and confident. Do not incriminate yourself. Do not start talking and chatting nervously. There are different opinions as to what to tell the officer if he asks you if you have been drinking. Just remember that you are not required to say anything to incriminate yourself. The officer will proceed with his DUI investigation if he thinks you are intoxicated - regardless of what you say. Therefore, if you act in a frantic or defensive manner, it might only reinforce the idea in his mind that you have been drinking.

Unfortunately, in Texas, as in most states, you do not have the right to legal counsel while you are being questioned for DUl/DWI or when you are given roadside sobriety tests. However, an officer does not have the right to prohibit you from asking to call an attorney prior to taking the tests. Many people are too frightened or intimidated to ask to call a lawyer when they are being questioned.

Ultimately, if you are charged with a DUI offense, you will need sophisticated and experienced legal representation to mount the best defense possible. Remember: you are innocent until and unless you are found guilty in a court of law. It is your right to obtain legal counsel and to fight the charges.

 

Are You Required to Submit to Roadside Sobriety Tests in Dallas?

Few people are aware that you cannot be forced to take roadside sobriety tests in Texas. And you can be sure that the arresting officer will not tell you that you are not required to submit to them. He will probably arrest you for DUI if you do not submit to them, but he might have charged you with DUI even if you did. The sad fact is that the roadside sobriety tests are quite difficult even for non-intoxicated people, and, amazingly, The National Highway Traffic Safety Administration has boldly stated that even completely sober individuals frequently have difficulty passing the tests.

The basic three field sobriety tests:

1.      Horizontal gaze nystagmus, also known as the “pen test”

2.      One legged stand

3.      The walk and turn

There are obvious obstacles in taking the test - usually a series of 3 tests - including your

• nervousness
• level of sobriety
• innate sense of balance
• physical coordination
• eye-hand coordination

Please know that we are experienced, highly skilled Dallas criminal defense attorneys who specialize in defending DUI/DWI cases and that you have a far better chance of a “not guilty” verdict or a dismissed or reduced charge if you are properly represented by us. We know how difficult this is for you and we will aggressively defend you. Please call our offices for a free initial consultation.