Refusing the Test: Driver’s License Suspensions

Most people have heard and believe that you should always refuse.? If you refuse, your driver?s license is ?automatically? suspended.? Reese prefers to say it?s?subject*?to being suspended.? After a refusal, the officer can (and probably will) obtain a search warrant to forcible take a blood sample. *Reese says you are subject to a suspension because […]

DWI & Blood Tests

Blood samples are analyzed for alcohol content using a Gas Chromatography.? More specifically, it is a?Head Space Gas Chromatograph with Flame Ionization Detector. The Good & The Bad The good thing about them is that they can be reliable if the test procedure is followed and the machine is probably maintained. The bad thing about […]

The “Breath Test”: Intoxilyzer 5000

How the breath test machine works The Intoxilyzer 5000 is the breathalyzer machined relied upon in Texas.? The machine uses infrared to measure the alcohol in your breath to determine the alcohol contrition in your blood.? To do this the machine fires infrared into a chamber that holds the air that someone blows into it.? […]

DWI Investigations: “The Scene of the Crime”

Almost All DWI Follow A?Simple Pattern: 1. Stop 2. Field Sobriety Test 3. Arrest 4. Blood/Breath Test Request 5. Blood/Breath Test   1. The Stop Bad Stop = Dismissal The first stop in evaluating a DWI is to determine whether or not you were lawfully stopped or detained by the police.? If the stop isn?t […]

Driving While Intoxicated 101: What They Have To Prove

Driving While Intoxicated?101 To prove you guilty of DWI, the State has to prove 4??Elements?: 1.?Operating 2.?A Motor Vehicle 3.?In A Public Place 4.?While Intoxicated   Elements? The word ?element? is used to separate?the different things that have to be proven beyond a reasonable doubt before someone can be found guilty of a crime. ?Since […]