How Police Investigate DWI Cases

Wondering how police investigate DWI cases? If an officer pulls you over and charges you with a DWI, you might wonder why. What happened to make them think you were drunk driving? How do they determine a driving while intoxicated (DWI) charge?

Across the country, local jurisdictions make DWI arrests a high priority. They want the roads to feel safe and enforce these laws as written. Still, while laws vary from state to state, the procedures tend to stay the same. This carries across identifying, investigating, and arresting drunk drivers. 

How do police officers investigate DWIs, though? Let’s take a look. 

The NHTSA Guide for How Police Investigate DWIs

The National Highway Traffic Safety Administration (NHTSA) has policies, standards, and guidelines for DWI investigations. Moreover, they provide both training and instruction materials to law enforcement agencies across the nation. 

Per the DWI Detection and Standardized Field Sobriety Test Manual, an officer follows three phases as they investigate a drunk driving case. 

The First Phase: Vehicle in Motion

Oftentimes, officers initiate this phase when they observe a driver make a clear traffic violation. Per police training, the infraction varies. From swerving over lane dividers to excessive speeding (or slow driving), there are a variety of reasons for police to pull someone over. 

For instance, a police officer observes someone stop abruptly at a stop sign. When they deem this as strange behavior, they might follow a vehicle. Still, to constitute probable cause, they need more reason to pull someone over. 

The Second Phase: Contact

In phase two, the officer makes contact with the driver. This adheres to the guidelines for any traffic stop. Typically, officer training sees them ask for the required documentation. This includes your driver’s license and insurance information. 

Then, they begin a soft interview. For example, they might ask about prior locations or activities. In doing so, they also observe your speech and behavior for signs of impairment. 

• Slurred speech 
• Bloodshot eyes 
• Smell of alcohol 
• Presence of alcohol (open containers)

When their observations lead them to believe there’s a DWI, they move into phase three. As you can see already, there are procedures and requirements in place for how police investigate DWI cases. 

Related Reading: DWI Traffic Stops: What Are My Rights?

The Third Phase: Pre-Arrest Screening

In phase three of their DWI investigation, the officer typically administers a standard field sobriety test. These tests include the following. 

• Horizontal Gaze Nystagmus 
• One Leg Stand 
• Walk and Turn

In the horizontal gaze test, the officer looks for certain eye twitches as you watch something. This is an example of how they identify impairment further. When the officer puts together a certain amount of evidence, the guide suggests they now have probable cause. 

How police investigate DWI cases for an arrest is very important. When you engage a DWI defense attorney, they look through the procedures followed and evidence gathered for legitimacy. 

After a DWI Arrest: How Police Investigate DWIs Matters

When they arrest you for drunk driving, how police investigate DWI in your case becomes essential information. If law enforcement officers accuse you of a DWI, it’s important to act quickly. Engage a DWI lawyer as soon as possible. 

When you act quickly, you have the opportunity to save your driver’s license and protect your future. Your attorney investigates the circumstances of your arrest to find weaknesses in their case against you. From there, they pursue the best possible outcome in your case. 

When you need an advocate on your side, contact a trusted lawyer to fight for your future. 

How to Contest DWI Charges: A Quick Guide

When you want to contest DWI charges, your best bet is to find a Houston DWI lawyer. With an experienced attorney, you have an advocate on your side. Your legal team guides you through the process and offers insight into your case. Schedule a free consultation with a DWI defense team today. 

A driving while intoxicated (DWI) charge is generally a misdemeanor for the first offense in Texas. However, these consequences are more severe than other misdemeanor charges. In many cases, a conviction comes with jail time, fines, administrative fees, and a suspension of your driver’s license. 

Contesting DWI Charges

In order to avoid the harsh penalties of these charges, this short guide offers advice to contest DWI charges. It requires an adequate defense and extensive knowledge of DWI laws and processes. That’s why a DWI lawyer is a great option to avoid these charges. 

Whether you represent yourself or work with an attorney, it’s good to have an understanding of your situation. Below, we offer some helpful hints to build a defense against DWI charges. 

Record the Details

Take note of as many details as possible. Write down everything you remember about being pulled over for the alleged DWI. Here are a few examples to consider. 

• Statements you made 
• What the officer said 
• The tests they requested 
• How the officer conducted the tests 
• Your performance in the tests 
• Additional details you remember 

When you work with an attorney, they have access to the report and investigation. However, at your free consultation, these details help them understand your case. Moreover, it offers a chance to explore the details and identify weak points. All this helps your attorney establish a defense. 

Research Field Sobriety Tests

It’s important to understand the validity of these field sobriety tests. Oftentimes, the tests police officers utilize in DWI charges are inaccurate. This offers an opportunity to contest DWI charges in court. 

With broad experience in field sobriety tests, a DWI attorney like Herman Martinez is a great asset to your case. The experience and expertise of the right lawyer offer a great deal of insight into the validity of these tests. 

Did Extenuating Circumstances Influence the Sobriety Test?

From injuries to medical conditions, an array of circumstances influence the outcome of field sobriety tests. Not everyone has perfect coordination. As such, anyone has the potential to fail certain tests even when completely sober. 

Improper Administration of Tests

When an officer does not conduct a field sobriety test properly, it’s not always valid evidence. With the right DWI defense attorney, you have someone to examine the circumstances of any test you submit to. If there’s improper administration, the court may exclude it as evidence. 

Non-Standardized Field Sobriety Tests

Some of the most well-known sobriety tests are invalid as evidence. This ranges from reciting the alphabet to touching your finger to your nose. 

Accuracy of BAC Tests

More specifically, breath tests do not always provide accurate information. In certain cases, BAC breath tests offer up inaccurate results with a wide margin of error. This margin of error leaves you room to contest DWI charges. 

Additionally, improper administration also has the potential to apply to these tests. 

Lack of Probably Cause

Why did the officer pull you over? Unless your negligence results in a drunk driving accident, the law requires the officer have probable cause to pull you over. 

Work with a DWI Lawyer to Contest DWI Charges

When you want to contest DWI charges, this guide is only a start. With this initial overview, you have an idea of what it takes to challenge these charges. However, a DWI lawyer is an essential aspect of protecting your rights and your future. 

When you work with an attorney, they review the specifics of your arrest. In doing so, they establish a foundation for your defense and build from there. Your legal team works for the best possible outcome in your case. From negotiations to lesser charges to dismissal, they find the best path forward. 

To learn more about contesting DWI charges, schedule a free consultation with a Houston DWI lawyer.

What to Do After a DWI Arrest in Houston, TX

Been Arrested For A DWI? What To Do Now.

When you need to know what to do after a DWI arrest in Houston, there’s a good chance you just spent the night in jail. Typically, people want to get out and push that drunk driving charge out of their minds. Don’t make that mistake!

Following an arrest for driving while intoxicated (DWI), it’s essential that you take immediate action. When you do, you take action to protect your liberties and stay on the road legally. After DWI charges, people often don’t realize they have to deal with multiple cases. 

The case on your mind is your drunk driving charges, where the state claims you drove while intoxicated. However, the Department of Public Safety (DPS) also files charges against you to suspend your license. 

There are certain steps to take as soon as possible in order to keep your license viable. With a Houston DWI lawyer on your side, you have someone to guide you through the process. 

Step One: Find a Good Attorney

As you read this on our website, we hope you find a good attorney here at The Martinez Law Firm. Generally, though, you want to look online and read reviews. Additionally, recommendations from friends and family are always a great place to start. 

Above all else, it’s essential to meet and speak with the attorney. Because an attorney is your advocate, your future is in their hands. It’s important for you to feel comfortable and confident in your choice.

A DWI defense attorney protects you, your freedom, your license, and your future. That’s why it’s so important to meet with them.  

What to Look for in a DWI Defense Attorney

When you speak with your potential attorney, you get a better idea of their experience with DWIs. After a DWI arrest, you want someone who knows the ins and outs of DWI laws in Texas. Your attorney needs to know how to handle themselves and share information with you. 

Why is this so important? That same individual shares information with the judge and negotiates with the prosecutors on your behalf. When you don’t feel comfortable with them, it’s possible the judge and prosecutors share that opinion. 

Next, know what questions to ask. 

• Do they understand the ALR process? 
• How do they handle license suspension hearings?
• What are the consequences of your ALR hearing? 

If the attorney cannot answer these simple questions, they are not the lawyer for you. 

Additionally, ask them about BAC tests and field sobriety tests to make sure they understand the procedures and processes. Moreover, you want to get an idea of their experience with DWI cases. 

Do they know what the NHTSA manual is? They should because that is the playbook officers follow in DWI investigations. 

Lastly, ask the attorney about the possible outcomes of a DWI case. After a DWI arrest, there are several different potential outcomes. 

Ideally, the court dismisses your case. However, there are other alternatives such as plea bargains and trials. No matter the details of your case, your attorney should seek the best possible outcome. 

When they hear the details of your arrest, they should be able to provide a few options and recommendations. 

Related Reading: Key Questions to Ask a DWI Lawyer

Step Two: Save Your License

An ALR or Administrative License Revocation is the hearing with the DPS. As such, your first step after a DWI arrest is to gather all the paperwork you receive. Next, talk to a criminal defense attorney. With an advocate on your side, you have someone to guide you through the process. 

Moreover, you have someone to protect your rights. 

With a criminal defense attorney, you have someone to explain the ALR process. Why is it so important to act quickly, though? 

You have 15 days to request an ALR hearing from the date of your arrest. That’s right – 15 days. 

This is entirely separated from your court setting for the DWI charges, which might be in two weeks or a month. It’s essential to realize that you have to act quickly to attain this hearing. 

Step Three: Bond Conditions

Next, you have to find out whether you have any bond conditions. The court imposes these conditions on people in specific circumstances. For example, after a DWI arrest, the court might require you to install an Ignition Interlock Device in your vehicle. 

Your attorney examines your case to see whether there is a way to remove conditions like these. That’s another reason to act quickly and seek out an attorney. 

Other examples of bond conditions include random drug testing and reporting to court in various ways. Once you and your lawyer secure your license, it’s time to gather evidence and build your DWI defense. 

Related Reading: Houston DWI Lawyer: Worth Hiring?

Step Four: Defense

In the weeks after a DWI arrest, the decisions you make impact the rest of your life. In addition to short-term impact, it stays on your record. That’s why it’s important to hire an attorney you trust to build your defense. 

Unlike other misdemeanors, DWIs carry certain severe consequences that other charges don’t. For instance, other cases simple do not come with an automatic license suspension if you don’t comply with certain steps. 

Moreover, they don’t carry long-term effects on your potential to work, live, and drive. When you have a good attorney after a DWI arrest, you have someone to investigate your case and defend your future. 

Hopefully, you now have the tools to find the best Houston DWI lawyer for your case. 

DWI Traffic Stop: What Are My Rights?

DWI Traffic Stop: What Are My Rights?

A DWI traffic stop is no laughing matter. Truly, no one enjoys being pulled over. Those flashing lights in the rearview mirror are enough to send someone into a panic. After a couple of drinks, this is especially true. 

Texas takes driving while intoxicated (DWI) charges seriously. That means your future hinges on what’s about to happen. For law enforcement officers, pulling people over is a standard activity. However, this might be your first time seeing those flashing lights meant specifically for you. 

In certain cases, the officer uses this as leverage against you to throw you off and get you to act against your best interests. Moreover, when they suspect drunk driving, they try to have you admit to it. 

Regardless of the circumstances, though, you have rights. No matter how much pressure an officer applies in a DWI traffic stop, it’s essential to remember this. When you stay calm and understand your rights, you have a better chance of navigating these interactions smoothly. 

When Houston Police Department violates these rights, the Martinez Law Firm is here for you. 

Lawful and Unlawful Stops

First, it’s crucial to understand when police have the right to pull you over. Under the law, officers have no right to stop someone and detain them on a whim. In order to initiate any traffic stop, the law requires the officer to have reasonable suspicion that you violated a law or statute. 

Additionally, when they want to search your vehicle without a warrant or arrest you for a DWI, they have to have probable cause. 

Reasonable Suspicion

“Reasonable suspicion” is a legal standard that police officers must meet to conduct a DWI traffic stop or pull over a suspected drunk driver. Moreover, it is essential for this suspicion to be rooted in facts, not simply their gut feeling. 

When an officer has reasonable suspicion that you committed a traffic violation or are driving drunk, they can legally pull you over and detain you for an investigation. 

Still, reasonable suspicion is a lower standard relative to probable cause. As such, it’s not enough for an arrest. 

Probable Cause

“Probable cause” refers to a much higher legal standard. This is suspicion with a foundation of facts. Moreover, there are enough facts for a reasonable person to believe it as true. If an officer wants to arrest you for a DWI, it requires probable cause that you were driving while intoxicated. 

When you work with our skilled DWI lawyer, we review the facts of your arrest to determine whether you experienced an unlawful stop. When the traffic stop is illegal, we work to collect evidence to exclude from your trial. 

Depending on the details of your case, this includes physical evidence as well as chemical test results. 

Your Right to Remain Silent – With Exceptions

Anyone who watches police shows on television is probably familiar with the phrase, “You have the right to remain silent.” Under the 5th Amendment, you have protection from self-incrimination. 

This amendment prevents officers from forcing you to incriminate yourself through the threat of arrest. At a DWI traffic stop, you have no obligation to answer many questions from law enforcement. 

However, there are exceptions to this. For example, the most common exception is “failure to identify,” where an officer requests your name, driver’s license, and registration. Under Texas law, failure to provide this information is a criminal offense. 

Failure to Identify

In some instances, an officer charges people with Failure to Identify when they refuse to provide certain information. Alternatively, they might provide false information. Under the Texas Penal Code, there are two ways officers charge people with this. 

• When an officer arrests you, it is illegal to refuse to provide certain information: name, residence, date of birth, etc. 
• Under arrest or detainment or as a witness to a crime, it is illegal to provide false information about yourself. 

Under Texas law, failure to identify is a misdemeanor. The maximum penalty for this is a year in jail and fines up to $4,000. Moreover, providing false information results in far worse penalties. 

Miranda Rights

You have protection under the 5th Amendment at all times. However, only certain situations require law enforcement to inform you of your rights. When an officer places you into custody, the law requires that they read your Miranda Rights. 

However, at a DWI traffic stop or any other time they pull you over, there’s no requirement to read you these rights. Still, once they arrest you, they have no right to question you without reading off this warning. 

When you face a DWI arrest in Houston, it is wise to decline to speak with officers until you have a chance to consult a lawyer. 

The Right to Refuse Field Sobriety Tests and Chemical Tests

At a DWI traffic stop or investigation, the police may ask you to perform a field sobriety test or to submit a breath, blood, or urine sample to test your alcohol levels. However, this is a request and nothing more. 

Without a warrant, the officer has no option to force you to submit to any chemical test. Unfortunately, refusing this test has its own consequences. 

Refusing a Test

When someone refuses to submit to testing, it makes sense at the time. However, it’s important to understand the consequences. This refusal results in an automatic suspension of your driver’s license for 180 days. 

Moreover, if you have a previous DWI conviction or refusal, it extends to two years. Additionally, it’s essential to remember that the prosecution tends to point to refusal as evidence of guilt. 

Warrants

When a police officer pulls you over and has a warrant to take a blood sample, it no longer requires your permission. In Texas, there is a “mandatory blood draw statute,” which requires officers to acquire chemical samples in certain cases. 

Typically, this is limited to accidents that involve severe injuries or death to another individual. Additionally, this statute applies to people with previous felony DWI conviction or a conviction for intoxication assault or manslaughter. 

Vehicle Searches at DWI Traffic Stops

Under the 5th Amendment, you also have protection from unreasonable search and seizure from the government. When an officer lacks the probable cause to believe there is evidence in your vehicle, they require a warrant to search it. 

It’s important to remember, though, that officers have the option to seize evidence in plain view through your windows. When officers seize evidence during a DWI traffic stop, our lawyers guide you through whether or not they violated your rights. 

Unlawful DWI Traffic Stop? Contact Our Firm Today

When you face charges for driving while intoxicated, you need an experienced defense attorney to act as your advocate. Herman Martinez has extensive experience as a criminal lawyer in Houston. At our firm, we know what it takes to pursue the best possible outcome in your case. 

Our legal team is ready to help you build a solid defense for your case and protect your future. Whether your DWI traffic stop was lawful or unlawful, we fight for your best interests. 

To discuss the merits of your case, schedule a free consultation with our Houston lawyers today. 

The Right Lawyer: How to Find Your Advocate

The Right Lawyer: How to Find Your Advocate

With the right DWI lawyer, you have an advocate to help you protect your future. At Martinez Law Firm, we strive to provide our clients with the best possible outcome in every case. Call now to schedule a free consultation. 

How to Choose the Right Lawyer in Houston 

When you face DWI charges in Texas, it is a traumatizing experience. With harsh financial penalties and the prospect of jailtime, you face significant changes to your life. However, the right DWI attorney offers essential representation at a critical moment in your life. 

When you want to choose the right attorney to represent you, it’s important to take a few things into consideration. Below, we discuss a few tips to help you choose a DWI attorney in Texas with the experience, knowledge, and skills to protect your future.

Assess Your Choices

Don’t let the stress and pressure of the situation force you into a bad decision. While it is essential to act quickly after a DWI arrest, it is a very important decision for you to make. 

When you receive a “Notice of Suspension” from the Administrative License Recovation (ALR) Program, you have 15 days to save your driver’s license. That doesn’t sound like much, but it provides you with a bit of time to reach out to attorneys and compare their advice. 

As you speak with different Houston DWI lawyers, focus on the legal advice and strategy they offer for your specific case. Additionally, it’s important to take your time, check reviews of the attorneys, and see who you trust with your case. 

At the Martinez Law Firm, we offer free consultations to potential clients so that they have an opportunity to see what we do as advocates. When you want to find the right DWI lawyer for you, call our team to schedule a meeting. Let us show you how we can pursue the best possible outcome for your case. 

Should You Believe the Hype?

Oftentimes, lawyers claim to be specialists. However, they don’t always have the experience necessary to provide the representation you need. Too often, law firms make bold promises as they advertise. Unfortunately, they don’t always have the skills to offer you an effective legal defense. 

In fact, there are many attorneys who seek to make a living simply by processing cases through the system. Often, this is at the expense of their clients and not in their best interests. 

Generally speaking, a specialist focuses on the quality of your defense rather than the number of clients they represent. Typically, these specialists have their own processes for dealing with cases. With experience comes an understanding of a variety of cases and how to pursue them. 

Evaluating a Specialist

When you work with the right DWI lawyer in Houston, they tend to conduct an independent investigation of your case. As your advocate, your attorney should have the capacity to explain what steps they go through to build your defense. 

Never be afraid to ask questions at your free consultation. If a DWI attorney suggests a strategy without an investigation or a thorough understanding of your case, they might be more interested in their profit rather than your best interests. 

Ideally, the right DWI lawyer has experience building DWI defense cases on a regular basis. In Texas, DWI laws are complex, and the penalties are harsh. As the laws evolve on a continual basis, it’s essential for a strong DWI defense attorney to understand these changes. 

Even a seemingly straightforward case has the potential to overwhelm an inexperienced attorney. As such, it’s essential that you have the best representation possible. 

When you meet at your consultation, ask them for the specifics of how they handle cases and their overall success rate in recent defenses. Additionally, be sure to ask whether they are Board Certified by the Texas Board of Legal Specialization. 

Ask the Right Questions

When you face DWI charges, your life and liberty are at stake. Never be shy about asking difficult questions when you meet with a lawyer. Here are a few questions to ask to help you choose the right DWI lawyer for your case. 

What’s your experience with DWI law in Texas?

When it comes to DWI cases in Houston, experience is essential. There are many talented attorneys across Texas, but they don’t all have regular exposure to DWI cases. To find the right DWI lawyer for you, they should deal with DWI law in Texas on a consistent basis.

Do you conduct independent investigations?

As we said earlier, this question helps you understand whether someone is a DWI specialist. If they don’t talk about their processes and procedures for investigations, they might not be the right DWI lawyer for you. 

What are the potential difficulties of my case?

At your consultation, transparency is essential on both sides. Be clear and upfront about the details of your case and bring documents related to your case with you. Oftentimes, DWI cases come down to minor details that impact the integrity of the case. 

After an examination, the right DWI attorney should be able to identify potential challenges in your case. 

Who handles my case? 

Oftentimes, a law firm is busy. In some cases, this means that the attorney you speak to initially might not be the person who handles your case. If this is clear at your consultation, ask who will represent you in court.

It’s important to understand the experience and expertise of the person building your defense. Additionally, you want to make sure they treat you as a person, not a case number. 

Have you or your firm ever experienced disciplinary measures?

This questions seems a bit forward and maybe harsh. However, it’s important to understand the reputation of your attorney as you seek out the right DWI lawyer. Remember, your own reputation is on the line. 

It’s in your best interest to ensure you ask the right questions. Moreover, knowing gives you the peace of mind you need to move forward. 

What are the costs of a case like mine?

The nature of your case dictates the level of time and skill an attorney requires to build an effective defense. That helps to determine your legal fees. 

At your consultation, gain a clear understanding of your case from their legal perspective. Ask how the law firm charges their fees and whether they offer payment plans. 

It’s important to establish clear expectations about fees before you hire a lawyer to represent you. 

Looking for the Right DWI Lawyer? Schedule a FREE Consultation

Choosing the right DWI lawyer is not an easy process. However, we hope these tips help you understand the important information to gather before you make a decision. 

If you want to schedule a free consultation with our legal team, contact us today. We are happy to meet with you to discuss your charges, answer your questions, and help you build  a strong defense. 

The Financial Costs of a DWI in Houston

The Financial Costs of a DWI

Oftentimes, we don’t focus on the financial costs of a DWI in Houston. When you face a conviction for driving while intoxicated (DW), we tend to focus on the now. It’s important to act quickly and work with a skilled DWI lawyer to protect your rights. 

However, one of the reasons quick action is essential is the harm of a conviction. When the court convicts someone of a DWI, the harm extends beyond the legal penalties. With a DWI on your record, you have a hard time finding or keeping a job. 

Still, there are other ways a DWI conviction takes money out of your pockets. Some are more direct than others. However, they all share in their impact. When you face a conviction for drunk driving, call on the legal team at The Martinez Law Firm. 

Trust in our experience to improve your odds and protect your future. Schedule a free consultation today!

Auto Insurance

It’s no surprise that car insurance expenses increase following a DWI conviction. With a DWI on your record, you might find it more difficult to find the following. 

• Affordable insurance costs 
• The same level of coverage you had before 
• A reputable insurance provider willing to cover you

Even when the arrest doesn’t involve a drunk driving accident, insurance companies view you as a high-risk client. After a conviction, insurance providers perceive people as someone with poor judgment who might put others at risk. 

Because your provider is responsible for proper damages or any personal injury expenses you cause as a negligent driver, they want to minimize their risks. In DWI accidents, the drunk driver is almost always liable. 

Following a conviction, it often takes years of safe driving for insurance providers to trust you as a client again. 

Credit Scores

One of the less direct financial costs of a DWI is the impact on your credit score. While your conviction does not appear on a credit report, it often puts you in debt. In Texas, the state takes DWI cases very seriously, and they come with severe fines. 

From charges to convictions, it’s easy to accrue expenses. 

• Legal fees throughout your case 
• Posting bail after your arrest 
• Fines issued after a conviction 
• Damages owed in personal injury lawsuits 
• Fees for mandatory alcohol education courses
• The cost of an interlock device (which is a monthly rental)
• Fees from reinstating your driver’s license

For a first-time DWI convocation, it’s easy for the total expense to exceed $10,000. If you have trouble finding a job after your conviction, it’s difficult to cover these costs. 

Mortgage

As we process the financial costs of a DWI conviction, it’s important to look to the future. When you have a conviction on your record, it has the potential to discourage lenders. Similar to insurance providers, they view you as a high-risk client. 

The concern stems from your ability to repay a major loan. If your conviction impacts your earning capacity, this is especially true. 

Luckily, the lender likely won’t know about your conviction unless you choose to disclose it. When it comes to loans, background checks extend to your credit report and history, not your criminal history. 

This means they might see the financial costs of a DWI on your credit report, but they won’t know what happened. In the event they learn about your drunk driving conviction, though, they tend to consider the risk of a future conviction in their decision. 

The Financial Costs of a DWI Conviction: Fight for Your Future

With a DWI conviction on your record, it impacts you in more ways than you realize. As lawyers, we understand the extent to which a conviction changes someone’s life. When you want to protect your future, it’s essential to act quickly. 

Schedule a free consultation with our team today to explore your options. With decades of experience in the Houston area, we offer a personalized strategy to each and every client. Moreover, we provide aggressive representation to fight for the best results possible in your case. 

Call today to schedule a free case evaluation and explore your options!