What Is The Horizontal Gaze Nystagmus Test?
August 6, 2015
DWI 1st Consequences
November 2, 2016

Can You Win This DWI Case? 

The officer said my client was speeding, making sudden turns, and seemed dazed and confused when she got out of her car. Her breath smelled like an alcoholic beverage, she had slurred speech, and stumbled around on the field sobriety tests, failing them all. At the jail, her blood test was well over the legal limit. You might think that this is not the kind of DWI case that could be won.  But, let me tell what happened.

Pre-Trial Investigation

We began to investigate the case shortly after the arrest by visiting the place where my client was stopped. We took pictures of the parking lot, and guess what – it was really sloped.  That makes it pretty difficult to do the field sobriety balance tests.

We also requested all the evidence in the case, but the video of the actual stop and field sobriety tests was missing.  After months of inquiring, we finally knew the prosecution could not produce the in car video.  The State would have to rely on the testimony of its officer, without a video as evidence.  We also measured the distance my client drove and realized that she drove over 500 yards without making any major mistakes.  We continued to analyze the police report for inconsistencies and errors. And then we went to trial.

The Trial

During that trial, we asked questions the State couldn’t answer. Where was the video? How can this officer remember this arrest so clearly out of the hundreds of arrests he makes. Can balance tests be done fairly in a parking lot that is so clearly not level? Why could my client drive so well for so long if she was intoxicated. How could we know that nerves or anxiety didn’t affect the field sobriety tests. At the end of the trial, do you know what the jury said?  Not Guilty!

Not Guilty

So why do I share this with you? I want you to know that just because a case seems bad from the police report doesn’t mean that it can not be won. When we investigate a case up front, demand the State meet its legal discovery requirements, and stand on the right to a jury trial, cases can be won.  This is the kind of approach that I take as a San Antonio DWI lawyer.  If you have questions about a DWI case, please give me a call.  I will be glad to talk with you.