High-Quality Austin DWI Attorney
At the Adamo & Adamo Law Firm we believe trust is something you earn. Trust is not automatic. Trust is gained by getting results. Over 40% of the time our Austin DWI lawyers have handed our clients a dismissal or not guilty form. With a success rate 8Xs the national average, we are confident your trust will be earned. We understand the impact DWI accusations can have and work efficiently to ensure attorney meetings, courtroom appearances, and court proceedings are efficient and smooth. With 50+ years of combined DWI experience our criminal defense firm has an Austin DWI lawyer highly trained in field sobriety exercises, the science behind the intoxilyzer machines and the science behind gas chromotagraphy. We have successfully defended countless DWI and have been in business for a long time because we get high-quality DWI results! Contact our Austin DWI attorneys or keep reading to learn more.
AUSTIN DWI LAWYER
0.16 Blood Test Dismissed
0.15 Blood Test Dismissed
0.11 Blood Test Dismissed
0.15 Breath Test Dismissed
0.10 Breath Test Dismissed
0.11 Breath Test Not Guilty
DWI Not Guilty
DWI Not Guilty
BWI Not Guilty
Intoxication Manslaughter Dismissed
Intoxication Assault Dismissed
Felony DWI Dismissed
Breaking Apart the DWI Investigation
DWI Field Sobriety Exercises
If you have been arrested for DUI or DWI the officer likely put you through a variety of tests. Field Sobriety Exercises to the cop. Coordination exercises to any Austin DWI lawyer who knows the true value and the problems with these tests.
Problem #1: Cop Bias
It’s 3 am, the officer has found a reason to pull you over. He immediately asks if you have been drinking. Now he wants you out of the car. From the moment he laid eyes on your car, he thought “DWI.” His mind was already made up, now he needs whatever he can to prove he was right. Acts of innocence can turned and twisted into signs of intoxication. Our DWI Austin criminal defense lawyer will shift the focus from what you allegedly did wrong, to all the things you did right.
Problem No. 2: The Tests are Designed for you to Fail
In math class, were you ever given a test on Texas history? Would you ever agree to take a test on Texas history in a math class? No and no. The officer requests you perform the field sobriety exercises, but doesn’t tell you how he is grading. He doesn’t tell you what he is grading. Prior to starting the walk and turn test (WAT) did you know he is looking for eight clues? Two clues and you fail? If you raise your arms more than six inches that is a clue? That you can actually fail before you even start? It is an impossible battle from the start, no matter how well you did.
Problem No. 3: The Officer often Conducts the tests incorrectly
The three standardized field sobriety exercises recognized by the National Highway and Safety Administration (NHTSA) are the horizontal gaze nystagmus test (HGN), the one leg stand (OLS) and the aforementioned walk and turn (WAT). The standardized tests are considered valid if performed in their prescribed manner, however they rarely are. Any DWI attorney should know holding the pen out long enough creates nystagmus (i.e. eyes jerking or bouncing).
Problem No. 4: Science says otherwise
Our Austin DWI attorneys have the knowledge, resources, and scientific backing to explain the truth surrounding these tests. They are anything but reliable indicators of intoxication. These tests are nothing more than glorified coordination exercises.
The officer likely asked you questions, such as:
- Where are you coming from?
- Where are you going?
- Did you drink any alcohol?
- What kind of alcohol did you drink?
- When did you drink alcohol?
- When was your last drink?
- Did you have anything to eat?
These questions are used to gather what is known in the amongst DWI Lawyers as extrapolation evidence. That is, once your blood alcohol concentration (BAC) is known (either by breath or blood), the prosecutor’s “expert” witness will attempt to extrapolate or go back in time to determine the BAC at the time of driving. In order for the State to prove their case, they must prove intoxication at the time of driving. While the use of extrapolation has been cited as “dubious”, by respected scientific studies, Texas courts continue allowing the state’s expert to calculate a possible blood alcohol level hours prior to the actual test. Even with extrapolation evidence, your Austin DWI Attorney will force the State’s expert to admit, without any assumptions, he or she is unable to give a true blood alcohol level at the time of driving. Such an assertion by the state’s own witness should be enough to raise one reasonable doubt.
Defeating the DWI Chemical Tests
DWI Breath Test and the Intoxilyzer 5000 & 9000
How it works:
On one end is a light on the other end is
the photo detector. If all the light passes through the sample chamber than 0.00 is reported. However, if you have ethanol on your breath and blow, the ethanol covers up the light. The more light that is covered up, the higher the alcohol reading.
If it were only this simple. To start, ever heard of Atari? If you were born after the early 80s probably not. Atari and the Intoxilyzer5000 have something in common, they use the same microprocessing chip. A chip thirty years old and in the tech world, older is certainly not better. You wouldn’t trust a thirty year old machine to diagnosis your medical conditions, and you shouldn’t trust such to determine whether you were intoxicated.
Not only are the machines old, but the manufacturer, CMI expressly states the machines are not warranted for their intended purpose. So even the maker isn’t willing to warrant the machines for breath alcohol testing. Additionally, CMI has repeatedly blocked attempts by DWI lawyers in Austin, in Texas, and around the country attempting to get hands on software used to calculate the breath test result.
There’s more. Scientific articles have concluded a number of sources can cause false-high breath test results such as: breathing patterns, lung size, breath temperature, interferents, residual alcohol, gastric esophageal reflux disease (GERD), diabetes, etc. Remember, it is the State’s burden to prove, beyond a reasonable doubt that you were driving while intoxicated. If their case rests on the breath test machine, our Austin DWI attorneys can cast plenty of doubt.
The officer may ask you to submit to a roadside or portable breath test (PBT). As you may with all parts of the DWI investigation, you have the right to refuse this test. If you do submit to the test, your Austin DWI Attorneys will look to suppress the unreliable test result.
DWI Blood Test and the Gas Chromatograph – FID
How it works:
Blood alcohol utilizes separation science on a machine called the Gas Chromatograph. Picture a home driveway leading to the street. Piled by the garage are basketballs, footballs, baseballs, golf balls, tennis balls, etc. Similar to components in our blood, they balls are different sizes, shapes, and weights. If you took a blower and aimed it down the driveway, the balls would travel towards the street at different speeds, while separating from one another at the same time. That is in essence what occurs in blood alcohol testing. Ethanol separates from other blood components and the machine identifies the quality (what it is) & quantity (how much).
There is a scientific and DWI legal theory known as “garbage-in, garbage-out.” In other words the blood tested is only as good as the blood received. Contamination is a major concern with all types of forensic testing, especially blood. A DWI blood case needs to be closely examined from the beginning. Our Austin DWI attorneys have the knowledge and resources to inspect the blood test from the stab (the blood draw) to the lab (the analysis), while raising reasonable doubt to the validity of the test.
If you have been charged with a DUI or DWI in Austin, contact our criminal defense attorneys now to learn more on how we will fight your DWI.
So the blood result came back high, really high. Great! The higher the better and here is why. Let’s assume a lawful search warrant affidavit and search warrant were executed. Let’s further assume the blood drawer followed medically accepted practices in drawing your blood and the officer timely submitted the blood vials to a certified lab. Lastly, assume the lab followed proper protocols and procedures in analyzing, reporting, and providing the necessary discovery on YOUR blood (you would be surprised). What’s left is a printout with a number that is so high, it seems impossible. A number that contradicts your sober appearance on video. Your driving looks good, your speech sounds good, your demeanor is normal, and you look fine while walking the line. Your BAC, however, reads 0.24 grams of alcohol per 100 milliters of blood. Know that each drink is approximately 0.02. In other words a 0.24 BAC is 12 beers, 12 glasses of wine, 12 shots in your system AT THE TIME OF THE TEST. Take into account the stop, investigation, arrest, and actual blood draw, add 2 – 4 hours. At 3 hours that would be 3 more drinks or 15 beers, 15 glasses of wine, 15 shots. Of course arriving to such a number means you had to start drinking prior to the stop. Say you told the officer you started drinking 3 hours prior to the stop, add 3 more drinks or 18 beers, 18 glasses of wine, 18 shots…in 3 HOURS OF DRINKING…and you never asked to use the restroom while with the officer. It is impossible and so is that falsely-high blood result.
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Austin DWI Lawyer
The Adamo and Adamo criminal defense DWI team provides state-of-the-art criminal resources and services for all misdemeanor and felony DWI defense including, but not limited to: DWI, DWI open-container, DUI, DWI second-offense, Felony DWI third-offense, Intoxication Assault, Intoxication Manslaughter, Boating While Intoxicated (BWI), and DWI license suspensions. If you or someone you know has been arrested for an alcohol-related offense, contact the Austin DWI Attorneys at the Adamo and Adamo Law Firm.