Articles Posted in Criminal Defense

Imagine you are walking down a public street and a police officer approaches you and expresses a desire to ‘ask a few questions.’ This is a scenario that plays itself out throughout the country. Police officers stop people on the street and conduct face to face questioning. They question people during car stops for traffic…

In a Texas criminal case, the State of Texas represented by the District Attorney’s office, possesses the highest burden of proof under the law. A San Antonio criminal defense attorney will explain during jury selection all of the burdens of proof separately. The first basic element is reasonable suspicion, which is the element needed for…

In our last blog entry, we discussed basic temperature issues with the Intoxilyzer 5000. The machine possesses a so-called electronic “eye” that searches for alcohol molecules in the breath sample. The data is sent to a microprocessor which then extrapolates the amount of alcohol content based on two hundred ten (210) liters of air. Remember…

In our last blog entry we discussed mistakes breath test operators make during the administration of a DWI breath test . In this blog entry we will discuss other temperature issues involved with the Intoxylizer which a San Antonio DWI lawyer can exploit to create reasonable doubt. The basic premise of the Intoxylizer is that…

In our last blog entry, we discussed the variance on breath test results for the Intoxilyzer 5000 and how a breath test result of .089 should raise the question of reasonable doubt. The results on breath alcohol concentration can be affected if there is any alcohol in the mouth. The guidelines require a fifteen (15)…

In our last blog entry, we discussed how an Intoxilyzer 5000 has to detect a minute amount of alcohol in a breath sample without error. A Floresville criminal defense attorney must highlight the weaknesses in the machine’s accuracy. Specifically, the test results from the machine are + / – 0.010. A test sample can be…

In our last blog entry, we began our discussion of the scientific formulas behind a DWI breath test on the Intoxilyzer 5000 . The machine’s objective is to measure the amount of alcohol in the driver’s breath. It is critical for a New Braunfels criminal defense attorney to highlight the weaknesses. The underlying weakness of…

In our recent blog entries, we discussed DWI defense techniques against Field Sobriety tests . Today, we will focus our discussion of Jourdanton DWI criminal defense by examining the Intoxylizer 5000 and a defense against a breath test over the legal limit. A San Antonio DWI lawyer will have the TX Breath Alcohol Testing Program…

In our last blog entry, we discussed weaknesses a San Antonio DWI lawyer could utilize when defending against the Walk and Turn . Today, we will discuss the final Field Sobriety test – the one-leg stand (OLS). During this test, the driver stands with his feet together and arms at his sides. The police officer…

In our last blog entry, we began our discussion on effective San Antonio and greater Bexar County DWI defense strategy of the Walk and Turn (WAT). Normally, even the most sober of drivers will utilize their arms to maintain a semblance of balance when standing with one foot in front of the other , heel…