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Houston DWI Lawyer
DWI is an opinion crime and police officers make mistakes. It is the officer’s sole opinion that will determine whether you are charged with a DWI. If he believes that you were intoxicated or maybe just not sure, you can and will be arrested for DWI.
The facts in your case matter! It is not illegal to drink and drive. It is only illegal to drive while intoxicated. This means it is legal to be intoxicated after you were driving or even before you were driving. You read that right. You could be intoxicated after you were driving and it is perfectly legal. This is because of how alcohol affects the human body and how it absorbs and reacts with each individual.
The field sobriety tests that are used to help an officer quickly determine whether you are intoxicated are also highly flawed. The Horizontal Gaze Nystagmus test (“the eye test”) is highly flawed, as everyone has natural nystagmus, and the difference between nystagmus caused by drugs or alcohol and normal nystagmus is a matter of millimeters. Further, nystagmus can be present even when one’s blood alcohol concentration is less than .08.
As “No Refusal Weekend” is used more and more in Harris County, Montgomery County, and other counties, more and more DWIs deal with an individual’s blood being offered against them to prove intoxication. While fighting a DWI blood case is a monumental task, a skilled DWI lawyer can expose the inconsistencies in the testing, the storage, the custodial care, the gas chromatography machines, the analysts, as well as attack the affidavit for the search warrant.
Houston’s DWI Attorney Understands the Process
One common question my clients always want to know is, how does the process work? If you are charged with a DWI you can expect your case to follow a similar path up until it goes to trial:
- It is very important you contact a DWI lawyer immediately, as your driving rights can and will be suspended unless an Administrative License Revocation hearing is requested within 15 days of the arrest.
- In the first few court settings, very little occurs. The attorney signs onto your case, and your case is reset while investigation of the case by both sides begins. As time goes by, more and more evidence is discovered and plea negotiations begin. The attorney will begin watching the scene video and begin issuing subpoenas if needed.
- If there was blood taken, it will generally take several months for the results to come in. A good DWI attorney usually waits for the blood results to come back before making any decisions on the case. Once all of the evidence has been gathered, the attorneys will evaluate the case and decide whether it is best to proceed to trial or whether the case can be worked out.
- If the case proceeds for trial it will usually be set for several months into the future. As a DWI lawyer, Maverick then works to finalize gathering evidence and developing a plan of attack on the evidence of your case.
Why You Need an Aggressive DWI/DUI Attorney
DWIs are very complex and deal with scientific and technical evidence. You will need a DWI lawyer who not only understand the law on DWI but also who knows how to attack the scientific and technical evidence and expose the flaws in front of the jury.