Tuesday, June 06, 2006

Know Your Texas Driver's Rights - You have a right to:

A Texas DWI (Driving While Intoxicated) arrest is a very serious offense. You need to know your rights.

If you are facing a criminal charge in the state of Texas, you need experienced, dedicated, and a focused Austin DWI attorney who knows Texas DWI law. There may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday. Our focus lies in defending those accused of DWI (driving while intoxicated) and DUI (driving under the Influence).

Whether your where arrested in Travis County, Williamson County or Hays County, the law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.

Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing for the State of Texas. What does that mean to you? It means that in addition to grading you on your performance of the DWI tests, I will also grade the officer to ensure that he or she conducted the tests properly according to Texas State Law. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.

When you retain me as your criminal defense attorney, I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.

I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.

As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.

Call today for a free consultation at 512 469 5056