Dallas DWI Lawyer

Photo of man taking field sobriety testAnybody can be pulled over by the police and charged with driving while intoxicated. Even a small error can have long-term consequences that go even beyond a prison term or probationary term if you have been sentenced with such.

At The Goolsby Law Firm in Dallas, we consider most charges of DWI should be fought. Going into a plea bargain agreement will not result to a substantially better punishment than what you will receive if you go to trial.

There are also many concerns that can be raised by a Goolsby Law Firm attorney such as whether the stop made by the police was legal, whether the field sobriety tests were properly administered to you or whether formal testing and proper arrest processes were followed.

We could also help you through the Administrative License Revocation or ALR hearing, giving you a stronger chance of keeping your driver’s license whenever possible.

Driving Requirement in DWI

Being charged with driving while intoxicated implies that you have some kind of command or control over your vehicle. Thus, your guilt or innocence can depend on whether or not you were really “driving” in a given situation. What if you were sitting on the driver’s seat but the engine was off or what if you were there because you were sleeping? How about the car keys being found in your pocket and not in the ignition or what if your car could not be started because it ran out of fuel?

Courts all over the United States consider a range of circumstances in determining whether necessary control of the car was there and the result depends on the laws of the state and on your particular situation. 

Determining Intoxication 

A method that is used by the prosecution in proving that you were driving while intoxicated is by testing the amount of alcohol in your body scientifically.  These are usually done by machines that analyze your blood or breath for alcohol content. In the state of Texas, the legal limit is .08 blood alcohol concentration or BAC. Anything beyond it is considered illegal for driving.

The laws on implied consent gives a legal presumption that if you were given the privilege to drive, you consent to a state administered testing for alcohol automatically. If you refuse to take such test, your license be suspended or revoked. If the test determines that your blood alcohol level is beyond the legal limit it is usually presumed that you were driving while intoxicated.

However, we could challenge whether the results were conclusive by presenting irregularities in the administration of the test or defects in the testing equipment. We may for instance ask for a retesting of your breath sample. We may be able to exclude the original test results from the case or even have your case dismissed.

Anytime you have been charged with driving while intoxicated, call The Goolsby Law Firm, so that we can provide you with an experienced and effective criminal defense. Call us for a free consultation with a lawyer from The Goolsby Law Firm who is an expert in DWI.