DUI OR DWI ARREST?

“PROTECTING YOUR CONSTITUTIONAL RIGHTS”

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be search, and the persons or things to be seized.

– 4TH AMENDMENT OF THE U.S. CONSTITUTION

FIGHTING YOUR DWI |
FORT WORTH | COLLEYVILLE | SOUTHLAKE | DWI LAWYER

OUR EXPERIENCE & KNOWLEDGE

If you have been arrested for a DWI or DUI in Tarrant County, then you need a Colleyville or Fort Worth DWI attorney who has the knowledge, dedication, and trial experience to give you the best DWI defense possible.  All of our lawyers are former DWI prosecutors with over 100 combined jury trials specifically related to DWI offenses.

DWI attorney Bryan Hoeller is a former Assistant District Attorney (prosecutor) in both the Tarrant and Dallas County District Attorney’s Offices. He spent over 5 years evaluating and prosecuting DWI and DWI related offenses and now brings that experience to aid those accused of DWI.  DWI attorney Lindsay Truly is also a former Assistant District Attorney (DWI prosecutor) in Tarrant County, Texas.  She has tried over 50 DWI jury trials and has handled thousands of DWI-related offenses as a prosecutor and in private practice.  She also has extensive helping in DWI-related matters, including ALR hearings and helping clients obtain an occupational driver’s license.  DWI lawyer Dustin Trammel is also a former Assistant District Attorney (DWI prosecutor) in Tarrant County.  He has tried over 30 jury trials and is a veteran in the United States Army.

Our team at Hoeller McLaughlin PLLC has tried over 100 DWI and DWI-related cases, including jury trials for DWI, DWI-Misdemeanor Repetition (DWI-2nd), DWI-Felony Repetition (DWI-3rd), and DWI w/ Child. In addition to extensive trial experience, our team has also attended numerous DWI related training seminars, including Intoxication Manslaughter Trial Skills School, classes on gas chromatography and the Intoxilyzer 5000 breath test instrument, and DWI case law updates.  Our lawyers also have had DWI articles published while he was a prosecutor at the Tarrant County District Attorney’s Office.

OUR STRATEGY & APPROACH TO DWI DEFENSE

We take a multi-step approach to DWI defense.  This approach includes analyzing each part of your case and then formulating the best strategy to your defense.  Here is an idea of what our approach looks like and some of the questions we ask while analyzing your case:

Step 1 – Did the officers violate the U.S. Constitution and/or the laws of the State of Texas during your DWI arrest?

1. Did the DWI officer have reasonable suspicion or probable cause to pull you over or make contact with you?
2. Was the stop, search, or DWI investigation illegal under the U.S. Constitution?
3. Is there a suppression issue in your case that would throw out the DWI arrest, breath, and/or blood test?
4. Was the DIC-24 Statutory Warnings properly communicated or was your consent to give blood or breath coerced, therefore making the search illegal under the U.S. Constitution?
5. If there was a search warrant to get your breath/blood, did the search warrant meet the requirements set out under Chapter 18 of the Texas Code of Criminal Procedure?

Step 2 – Were all the tests done correctly?

1. Did the officer follow the proper NHTSA (National Highway Traffic and Safety Administration) guidelines and police procedures when conducting his or her DWI investigation?
2. Is there a reason why the DWI Standardized Field Sobriety Tests (SFST’s) should not have been administered to you due to a previous injury, medical issue, or accident?
3. Did the officer administer either the HGN, Walk and Turn, or the One Leg Stand test correctly?
4. If breath or blood was drawn, were the law enforcement forensic tests conducted according to their respective forensic guidelines?

Step 3- Can the State PROVE the case Beyond a Reasonable Doubt?

To make a DWI arrest, all the officer needs to establish is “probable cause”.  “Probable cause” is a standard that is less than 50% certainty and one of the lowest burdens of proof in any type of law.  On the other hand, the standard of proof at trial is “Beyond a Reasonable Doubt.” The “Beyond a Reasonable Doubt” standard is the highest burden is any area of law and is a much higher burden of proof than “probable cause.”  This requires us to look at the facts of the case to determine if the State can meet this high burden.  This is what your DWI lawyer will look at:

1. What are the driving facts? Bad driving? Good driving, but pulled over for a technical violation (no front license plate)? Accident?
2. How do you “look” on video? Good Balance? Clear speech? Nervous? How did you perform on the tests? Any aggravating circumstances?
3. Any admissions? How much did you admit drinking? Did you admit that you were intoxicated? Deny drinking?
4. Any witnesses? What is their history? Any credibility issues?
5. If your blood or breath alcohol concentration came back over the legal limit, can the State prove your alcohol concentration was over at the time you were driving (we are looking at retrograde extrapolation, uncertainty of measure that is built in with the tests, and error rates)?

GET RESULTS WITH A DWI LAWYER

Finally, when choosing the right firm for your DWI defense, make sure to ask about the firm’s experience and outcomes on the cases they handle.  It’s important to remember that each case is unique and we cannot guarantee a particular result on a case. Our results vary depending on the facts of that particular cases.  Nevertheless, our recent success shows what our firm is capable of achieving for our clients on a DWI, whether it’s a reduction, a not guilty, or a minimal sentence.

• Tarrant County DWI (2020) – DWI -Open Container (with accident and 0.09 BAC) -reduced to an Obstruction (18 months Deferred).
• Tarrant County DWI (2020) – DWI reduced to an Obstruction (12 months Deferred) due to issue with proving “intoxication” at trial.
• Tarrant County DWI (2020) – DWI reduced to an Obstruction (14 months Deferred) due to issues with proving “operation” at trial.
• Tarrant County DWI Repetition (2020): Reduced to an Obstruction – Client received Deferred Adjudication (Eligible to be Dismissed).
• Tarrant County DWI (2020): Case Dismissed after presenting evidence & legal issues to the State.
• Tarrant County DWI (2019): Jury Trial – Jury found our Client NOT GUILTY of DWI (Driving While Intoxicated).
• Tarrant County DWI & UCW (Unlawful Carrying of a Weapon)(2019). Both cases were dismissed after being set on the trial docket.
• Johnson County DWI (2019): Case was dismissed after presenting evidence of an insufficient legal basis for the stop.
• Tarrant County DWI (2018). Negative Finding at ALR Hearing (License not suspended) due to issues with the legality of the traffic stop.
• Tarrant County Felony DWI (2018): Felony DWI reduced to misdemeanor. Client was a Military Veteran and took a very proactive approach to the case and getting the necessary treatment.
• Tarrant County DWI-Rep Dismissed (2018): DWI > 0.15 dismissed due to a technical legal problem (Statute of Limitations).
• Tarrant County DWI Dismissed (2018): Defendant was accepted and completed the Veteran’s Court program.
• Tarrant County DWI (2018): Client was charged with DWI > 0.15 (B.A.C. over a 0.25). Result was a 1 day time served offer and minimum fine.
• Johnson County DWI (2018): Negative Finding at ALR Hearing (License not suspended). DWI Dismissed.
• Wise County Felony DWI Repetition (2018): DWI charged rejected by the DA’s office for insufficient evidence of DWI operation by Client.
• Parker County DWI > 0.15 (2018): DWI > 0.15 reduced to an obstruction.

DWI NON-DISCLOSURES (LAW CHANGED IN 2017 & 2019)

Any time you are arrested for a DWI, that arrest goes on your “record” for a background check (It gets reported to the TCIC and NCIC, the Texas and National Crime Information Center).  For first-time DWI offenders that meet certain criteria (no accident, alcohol concentration below a 0.15, no criminal history, for example), then they may be able to get their DWI arrest sealed (non-disclosed) from public view.  Texas law allows for a non-disclosure on: 1.) DWI convictions (Law changed in 2017 to allow for certain low level DWI convictions to be eligible for a non-disclosure), or 2. DWI Deferred Adjudication that results in a Dismissal (Law changed on September 1, 2019 to allow for deferred adjudication on certain first time DWI arrests).  Learn more about DWI Non-Disclosures.