However, Texas allows the admissibility of medical laboratory blood that is drawn and tested at hospitals using indirect enzyme tests to be admissible in a driving while intoxicated case. This is despite the fact that the testing is a much less reliable enzyme test through a chemical reaction that is…
I saw a Nick Saban quote online that addresses that there are few choices in life when we want to succeed. There are not many ways to do things the right way, usually only one way works. Coach Saban said “[w]e have a younger generation that isn’t told no or…
These policies have changed the dynamics of DWI defense in Grayson and Collin County. When I started practicing, around half of DWI trials did not involve a chemical test, but now almost all of them do. Back then we would mainly argue over the performance and validity of the field…
While on this point, people often ask whether they should take a chemical test when arrested for driving while intoxicated. Our general response as defense attorneys is NO, because there are a lot of things that can go wrong with chemical testing. Both breath testing and blood testing are inexact…
However, this is not the case with a Grayson or Collin County, Texas DWI. Grayson County has a policy of no alternative charges for DWI, and I have never seen themgive a public intoxication or an obstruction of highway/passageway on a local driving while intoxicated charge. Theywould rather let a…
I haven’t written a DWI blog in a bit, so I think it is time to do an update. Grayson County, Texas are particularly strict jurisdictions when it comes to driving while intoxicated, but there are still ways to have a better case and a better result in your case. …
The age old question about whether to consent to a DWI breath or blood test is still the question many people who socially drink and fear a DWI investigation want answered, particularly now that they read in the news that cops will forcefully draw their blood if they refuse. The…
Not to be outdone by the wisdom of the Oklahoma Legislature, our braniacs in Austin last year enacted “aggravated” driving while intoxicated provisions similar to the Sooner state, whereby a first time offender now faces a year in jail if the person 1) commits the offense of driving while intoxicated,…
America is a pill culture. Every day a large percentage of our population drives the highways of Texas under the care of prescription medication that can possibly effect their mental or physical abilities. Key word: possibly. Each individual is in the best position to use their judgment as to when…
I recently had the pleasure (and challenge) of representing a particular client that was charged with DWI 3rd or more in Fannin County. The case was unique because the client consented to a blood draw, and in client’s blood was half the legal limit of alcohol (.04), a narcotic analgesic…