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DWI Blog

What Is The Deal With Blood Draw Cases?

Posted on March 01, 2016 at 12:21 PM, Posted by jjpaull

Trying a DWI blood case is a complex procedure. There are a myriad of issues that a DWI lawyer must have experience with: medical issues, toxicology issues, as well as the understanding of lab procedures. A person’s blood alcohol concentration can become higher if a person’s body water percentage decreases. The same can also happen due to pathological conditions as in persons who are having diarrhea, heart conditions, or impaired renal issues. Furthermore, there are an important set of predicate questions that an officer must ask to link the time of intoxication to the time of driving. There are only a handful of attorneys in Houston who:

  • Understand the mechanics of a blood draw case.
  • Understand the procedures within the crime labs that test these cases.
  • Has actually tried blood cases.

I have a track record of getting results in these cases.




Do I Have To Submit To A Breath, A Blood, Or Urine Test?

Posted on , Posted by jjpaull

The short answer is no. However the law enforcement agency especially in and around Houston and its surrounding counties can get a warrant to get a blood sample. The Texas Intoxilyzer is a machine that has a dubious reputation at best. In Texas, refusal to submit to a test is admissible in any criminal proceeding as evidence of consciousness of guilt. Right now, Texas juries still find more credibility in blood results so before the proliferation of blood search warrants and no refusal weekends, I had always advised clients to refuse the breath test. If the defendant is presented with an option, I now advise to choose breath or urine over blood.




Prescription DWIs, Really?

Posted on , Posted by jjpaull

In Texas, there are many drivers who are falsely arrested for DWI who have valid medical issues. Nevertheless it is illegal to operate a motor vehicle while intoxicated even if you have a valid medical prescription. These cases are called DRE cases or drug recognition cases. They require the examination of a specialized officer trained to test for drug recognition. These officers look for specific vital signs. Even these officers misdiagnose intoxication for valid medical issues. Recently, I received a dismissal on a prescription medication case (the defendant had 2 pending DRE DWIs). The client was mistaken for intoxication on her medication. After having her examined by our experts, we were able to prove that she had early onset of Alzheimer’s disease. It is important to have an attorney who has a great deal of experience with this type of DWI. I deal with these cases all time and I have only had to plea one, in the last 4 years. The remaining I either had dismissed or received acquittals from juries




DWI Case Victories

Posted on , Posted by jjpaull

Case Charges Outcome
State vs. Pryuska DWI .17 Not Guilty
State vs. Lozano DWI .10 Reduced to Reckless Driving
State vs. Navertil 5th DWI Probation Granted
State vs. Ramirez DWI .18 Dismissed
State vs. Gilland 3rd DWI Reduced to Reckless Driving
State v. Neely DWI Breath Test Refusal Not Guilty
State v. Burning DWI Reduced to Public Intoxication
State v. Good DWLI Not Guilty
State v. Gassaway Intoxicated Manslaughter Probation granted
State v. Wajahat DWI .15 Motion to Suppress Granted / Case Dismissed
State v. Montnegro Felony Intoxicated Assault Case Reduced to DWI first offense
State v. Oliva DWI Reduced to Reckless Driving; day of trial
State v. Griffith DWI Breathtest Refusal Case Dismissed
State v. Kaplan DWI Case Dismissed
State v. Ybarra DWI Breathtest Failure Reduced to Reckless Driving Day of Trial
State v. Quiroz DWI Breath-test failure Not Guilty
State v. Davis Felony DWI (Child Passenger) Reduced to Misdemeanor
State v. Riddle DWI (Defendant urinated on himself at the scene) Breath-test refusal / not guilty
State v. E. Jackson DWI Case Dismissed
State v. Boase DWI Case Dismissed Day of Trial
State v. Martinez DWI Second Offense Case Dismissed
State v. Garza DWI – Refused All Tests Case Dismissed
State v. V.T. DWI – Breath-test refusal/ failed all Field Sobriety Tests Not Guilty
State v. Domingue 4th prior DWI Case dismissed
State v. Aguillar .20 Breath-Test Failure Case Dismissed
State v. Halling Breath-test failure Case Dismissed
State v. Lozano DWI Breath Test Refusal Case Dismissed
State v. Gurloch DWI – Failed All Field Sobriety Test Reduced to Reckless Driving.
State v. Lizzotte 2nd DWI Case Dismissed
State v. Atwood DWI .16 Breath-Test Case Dismissed
State v. Mygorodi DWI .095 Breath Test Reduced to Reckless Driving
State v. Lau DWI Case Dismissed
State vs. Oltremari DWI .11 Breath-Test Case Dismissed
State vs. Lyman 2nd DWI Case Dismissed in the middle of trial
State vs. Faisel DWI Case Dismissed day of trial
State vs. M.J.S. DWI/PCS Case Dismissed
State vs. Crabbs DWI Not Guilty (20 min. verdict)




Save Your Driver’s License!

Posted on , Posted by jjpaull

You must request a review of your suspensed driver’s license immediately after your arrest.

A law enforcement officer will seize your license if you are arrested for DWI / DUI with an unlawful Blood Alcohol Level or after you refused to submit to a chemical test. Your license will be seized, and the officer will issue you what is called a DIC-24 and a DIC-25, which acts as both a temporary driver`s license and as your notice of suspension. In Texas a person may request a review of the driver`s license suspension by the department of motor vehicles within a specified number of days following your arrest. This is called an administrative license revocation hearing (ALR). At an ALR hearing there is a formal review, the hearing officer is authorized to administer oaths, lawyers can examine witnesses and take testimony. If you request an ALR hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You, generally cannot attend an informal hearing. It is always better to have an experienced DWI attorney represent you at an ALR hearing.




Learn How Mr. Paull Won This Guy’s DWI Case!

Posted on , Posted by jjpaull

 




Consulting Competent DWI Attorneys Houston on the Options

Posted on February 21, 2017 at 11:35 AM, Posted by jjpaull

Drunken driving cases traditionally make up a bulk of court proceedings in Texas. The state actually has one of the highest traffic fatality rates in the country. Just how big is the problem? Statistically, it is a massacre situation, which is very unfortunate because DWI is largely a preventable crime. Up until about this time last year, the data shows no remission in daily road deaths for the last 15 years! Experienced DWI Attorneys Houston also note that a huge majority of these cases (almost all of them in fact) involves unsafe alcohol consumption.

Critical Issues

The Department of Transport actually publishes a fatality calendar every year, and it testifies an unbroken trail of blood on Texan roads! More than 50,000 people have lost their lives in this time. The situation does not show any significant improvement either, and this morbid stagnation has led also to complex legal issues. Veteran legal firms solemnly note the rapid mushrooming of unqualified law services in Houston city actually as a potent problem to the justice system. On the surface, it may look that the law scene is thriving with support on a budget, but in reality, this conspicuity is probably not helping anyone.

The state legislature also introduced a new law in 2015, aimed at reducing the workload of the court. By this statute, it is relatively faster to dispatch verdicts on typical cases where the driver still gets the sit behind the wheels, but only after installing an Interlock Ignition device. Unfortunately, even after passing this law in 2015, the situation did not improve as is evident from the report referenced above! People are still largely careless about driving in an inebriated state, and most of them are unaware of the relevant legal scenario. The quick-start law services take undue advantage of this situation and tend to push the accused to plead guilty, while it may not be the best choice to retain the license.

Find Good Lawyers

Even if there is the slightest chance to pursue a not-guilty verdict, it should not be amiss. Experienced DWI Attorneys Houston often take even most critical cases forward to dismissal. They may charge standard fees, but you do not have to pay a great deal in penalties and compromise with your personal freedom. According to anonymous rumors in the Houston law scene, a great deal of this fined money mentioned above may be unauthorized, meant only to fill the pockets of dishonest lawyers!

You should not be taking risks with DWI because the consequences can range far more than just fines, community services, or IID monitoring. As a matter of fact, this legal niche presents one of the most challenging situations, involving fatalities or permanent paralysis of the victims.

The point here is that one’s best bet in such situations is to check out the service website of a trusted and experienced member of the Texas law scene. You can actually verify the law club membership credentials of the lawyer from a good service page. In fact, top firms also provide the chance for a free initial discussion to help folks arrive at an informed decision.




Professional DWI Lawyers Houston for Effective Support

Posted on February 23, 2017 at 06:32 AM, Posted by jjpaull

The DWI law scene in Texas is one of the challenging frontiers of legal support. The state has had the notorious reputation of being one of the leading national offenders for many years now. In fact, according to stats, since the last 15 years or so, not a day passed without at least one person losing life on a Texan road. Professional DWI Lawyers Houston note the situation to remain grim despite all the counter efforts to rein in this preventable offense. Many families lost their loved ones to rash driving under the influence of alcohol and organizations such as Mothers Against Drunken Driving (MADD) vigorously support the installation of monitoring devices on cars to put a check on unruly drivers.

The Situation

A 2015 law made it mandatory to install the IID in most typical cases, with an overview to reduce the work overload at the courts. Nevertheless, a lot is still amiss as is evident from the consistent streak of cases reported across the counties. Houston city has one of the highest rates of DWI cases within the state, and one can find numerous law firms mushrooming virtually anywhere in the place. Expert lawyers often hold the view that such widespread availability of cheap services is not only hampering their services, but also disrupting the overall justice system.

Guilty or Not

As it happens, many typical first timers are unaware about what to do next after being picked off the road. Although they may have been merely victims of circumstances, yet a cheap law firm still prods the clients to plead guilty. This should not be the ideal approach because an expert lawyer would always look out for the slightest hope to go for pleading not guilty. One may actually leave the courts fast by making a guilty plea and accepting the consequences, but he still has to oblige with constant monitoring with an integrated IID system. Besides, IID maintenance is both time and cost intensive!

Good Lawyer Credentials

Obviously, in certain situations, the monitoring acceptance can be the best option, but you should always consult an expert lawyer before deciding anything. Look up the service page of a qualified law professional who is an active member of several legal boards in the state and in the national level. See if the firm website specifically mentions memberships at bodies like the Houston bar Association, Texas Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers, and the National College for DUI Defense.

Note whether the lawyer is a certified field sobriety testing expert. Check out the actual years of practice experience with the DWI Lawyers Houston and the history of case dismissals in all these years. Obviously, you could expect nothing like these with an incompetent service, which depends only on pushing your paranoia to manipulate you in pleading guilty. Even in very critical cases, involving fatalities and serious accidents, an inexperienced service can never stand ground well enough! You would always need someone good to help you out with sincere support. Decide only after assessing the quality of user experience at the service page.