HOW TO DEFEND YOUR OWN DWI AND WHAT THE COURTS AND OVER-PRICED DWI/DUI ATTORNEYS DON'T WANT YOU TO KNOW

The following is a do-it-yourself guide to fighting DWI’s and DUI’s in the State of Texas, but can probably help you out in many other states as well. 

As a preface to this article, I must mention that most DUI or drunk driving cases are borderline situations subject to plea negotiations with the prosecutor and resulting in plea dispositions for lesser offenses.  Everyone arrested for drunk driving or DUI/DWI should consult an experienced attorney who specializes in these types of cases before entering a plea of guilty or nolo contendre. 

First, keep calm.  While recently the hard arm of the law has come down harshly on the DWI and DUI offender, know that these cases are often not always open and shut cases. Frequently drunk driving cases involve very technical and complex legal issues.  Pay close attention to the following issues and you should be OK.

DUI and DWI attorneys, like myself, typically examine the following issues. These are issues that you can and should bring up with any prosecutor who is working on your case. Always present these issues to them with courtesy and respect. Remember: you get more flies with honey than vinegar

Prior to meeting with a prosecutor, look at the following:

1. The first question to ask yourself is did the police officer have suspicion to justify a traffic stop and detention for drunk driving and was that suspicion reasonable?
2. Secondly, try to pin down whether the police officer observed you driving in an erratic manner or in violation of any local traffic laws. (If the answer is no to either of these, bring this up with the prosecutor and see if you can work out a deal.
3. If the first two issues seem solid for the prosecutor, third, and most importantly, ask yourself did the officer observe you driving, “did he wheel you” (lawyer terminology meaning did the cop see YOU driving)?  If not, you are pretty much home free.  If you can show the prosecutor that the cop never saw you behind the wheel with the car in motion, you are going home.
4. If issue three does not fall in your favor, fourth, ask yourself did the police officer have probable cause to arrest you for DUI?  This comes down to whether the observations of the officer were sufficient to warrant a search. Wen I say search, I mean give him the right to test to see if you were legally drunk.   Look to see if the cop observed sufficient objective symptoms of intoxication to conduct a DUI investigation?  If not, bring this up with the prosecutor.
5. Fifth, and if you make it this far, another important question that you may throw back to the state, did the arresting officer properly administer a field sobriety test, and if so, was it conducted in a proper manner?  Was a balance and coordination test conducted to determine whether or not to arrest you for drunk driving or DUI?  When examining this step, look at the circumstances.  Look to see the methodology behind the in-field sobriety test that was taken was administered properly. If a machine was used, find out whether the machine was in proper working order. You may request these records from the state and they must provide you with them. If they cannot come up with it. Ask the judge for a dismissal. If he does not grant it. move to the next issue you may argue.
6. Lastly, look to see, if a chemical test was used (blood or breath), and see if it was conducted using proper scientific and prescribed procedure in the taking, handling, and analysis of these samples.  Along with this, investigate to see if the equipment used to analyze any test samples was in proper working order, had a good service record, and was properly maintained with regulations.  Moreover determine if the test samples were analyzed and the result reported according to state regulations, by licensed laboratory, and in a scientifically approved manner.  This may throw the prosecutor off so much, he may be willing to cut a deal with you; especially since you are going in pro se (without a lawyer). As a side note to the chemical test's credibility, see if your blood alcohol level was rising or falling at the time of driving or at the time the chemical test was taken.  Be sure to mention this to the prosecutor. If he or she is a reasonable person, they may be willing to cut you a deal.
7. Finally as a last resort, here is an old lawyer trick to help you in beating a DWI or DUI that in all honesty many prosecutors won't buy anymore.  These excuses inject enough reasonable doubt to help you out and where a doctors note will surly come in handy.  Try to convince the prosecutor that you suffer from other physiological ailments that would cause a false result on a breath machine; such as GERD, residual mouth alcohol, heartburn, or acid reflux disease. Don't be discouraged if this does not work, it happens to the best of us.             

Remember, it is illegal to drive a vehicle, in Texas,as well as many other states, if, at the time, your blood alcohol level is .08% or greater. Here, the only essential evidence, other than the reasons for stopping the motorist, is the result of the breath or blood test. You beat that, then you have won your case, or at least got a sweet deal from the prosecution. If you have any questions or concerns, I am happy to help.

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