The Problem With “No Refusal” Weekends

July 24th, 2011
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As this blog reported last week, over the Fourth of July Weekend, the Department of Public Safety in Texas made over 1400 arrests for DWI statewide (that number does not include arrests for DWI made by local agencies). Fourth of July was a “no refusal” weekend, so undoubtedly, a large percentage of those arrested had their blood drawn after refusing a breath test. As criminal defense attorneys know, “no refusal” weekends are simply weekends were additional law enforcement officials – including police officers, prosecutors and judges – are on standby to prepare and execute search warrants to draw blood from  anyone who (in most cases) refuses a breath test after being arrested on suspicion for DWI.

Criminal defense attorneys also know that “no refusal” is a misnomer. In other words, if you are stopped and investigated for DWI, you still have every right to refuse a chemical test, and field sobriety tests, regardless of the name of the campaign. Unfortunately, “no refusal” weekends have had the effect of misinforming law enforcement and the public as to the right of refusal. By law in Texas, law enforcement officers can only give limited warnings regarding the legal effect of refusing a chemical test like a breath test or blood test in a DWI case. Of course, this is no different on a “no refusal” weekend. However, we are beginning to see that some ill-informed law enforcement officers think that they are justified in bullying suspects into taking tests on “no refusal” weekends. This is illegal and could lead to the suppression of evidence obtained through these coerced blood draws.

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DPS Fourth of July DWI “Crackdown” Nets Over 1400 Arrests

July 19th, 2011
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According to the Department of Public Safety, over the Fourth of July Weekend, 1,406 people were arrested for DWI (read the Houston press article on the story here). This number – large enough on its own – does not include DWI arrests made by local law enforcement agencies across the state.

There are several problems with designated DWI-crackdown weekends, but the one most relevant here is that their stated purpose is to make as many DWI arrests as possible. In other words, the more arrests, the more successful the weekend in the eyes of law enforcement and organizations like Mothers Against Drunk Driving. The problem, of course, is that when the goal is quantity over quality, many innocent people end up being arrested for DWI. This is simply unacceptable.

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Why You Should Challenge a DUI or DWI based on a Breath Test

July 7th, 2011
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People understand that all machines are prone to error. Very few people, if any, would agree that some machines work perfectly all of the time. And yet in Texas DWI or DUI cases, most people believe that if there was a breath test, the case will result in a conviction if it ends up in trial. This is a common misconception. An experienced Houston, TX, DWI and DUI criminal defense attorney can successfully challenge the science behind a breath test.

In Houston, Texas DWI or DUI breath test cases, the machine used will almost definitely have been the Intoxilyzer. A top Houston DWI or DUI attorney will be familiar with the functioning of this machine and know how to best challenge its results. There are several common ways a DUI or DWI lawyer will challenge the results of an Intoxilyzer in a Houston DWI or DWI case. This includes questioning:

-Whether a reading was affected by residual alcohol from a person’s burp that may have interfered with the reading.

-Whether the machine was properly calibrated and functioning normally

-Whether the machine was operated properly by someone trained and certified to use it

-Whether the machine gave similar readings in other tests, suggesting a systemic error

-Whether the breath test slip and other data shows errors or misreadings

The Intoxilyzer is by its nature a highly unreliable piece of equipment and any result should be challenged by an experienced DWI or DUI criminal defense attorney. A Houston DWI and DUI lawyer will want to examine the accompanying date produced at the time of the test, along with other tests given on that particular machine.

If you are arrested for DWI, DUI or any criminal offense, the lawyers of the Houston, TX office of Scheiner Law Group are an excellent choice and can help successfully challenge the results of any chemical test, including a breath test. Call the criminal defense attorneys at the Houston, Texas office of Scheiner Law Group today to schedule a free consultation.

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Voluntary encounters, temporary detentions, and arrests

July 6th, 2011
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Contacts between citizens and law enforcement generally fall into one of three categories: 1) voluntary encounters, 2) temporary detentions; and, 3) arrests. Whether you have been approached on suspicion of DWI, DUI, a drug charge, or some other criminal offense, your criminal defense attorney will want to investigate the nature of your encounter with the police to see if the police acted appropriately.

As the name implies, a voluntary encounter is simply a voluntary meeting with the police where a suspect is free to leave. The police do not need any sort of proof to conduct a voluntary encounter. However, in many cases, a voluntary encounter will turn into something else by a police officer’s show of authority that could make a suspect believe he is not free to leave. For example, if the Houston police are investigating a drug transaction, and approach an individual on the street for a friendly chat about what he may have seen, that will usually constitute a voluntary encounter. However, when the suspect attempts to leave and the police officer orders him to leave, then it ceases to become voluntary.

When a voluntary encounter becomes non-consensual, it can turn into a temporary detention.  To justify a temporary detention, a police officer needs reasonable suspicion to believe that an offense has been committed and that the person detained was involved. Reasonable suspicion can exist when an officer sees evidence that someone – like a driver in a DUI, DWI or drug case – is committing an offense but needs to observe the suspect more closely to verify his suspicion. The law allows the officer an opportunity to briefly detain a suspect for this purpose as long as he has reasonable suspicion. Far to often, when investigating DWI, DUI, drug crimes or other criminal offenses, police act on no more than a hunch.

If an officer chooses to arrest someone, he needs to meet the standard of probable cause. Although the definition of probable cause varies, it is essentially constitutes enough evidence to convince a reasonable person that a crime has been committed. The information has to be trustworthy. Far too often, police in DWI, DUI, drug cases, sexual assault cases, or other kinds of criminal offenses act with less than probable cause, and that can cause evidence to be excluded from court. This can often lead to a dismissal of a case.

Search and seizure law can be very complicated and an experienced Houston criminal defense attorney can help determine if your rights were violated by law enforcement. Far too often, law enforcement officers exceed the scope of what they are Constitutionally permitted to do, and an experienced Houston criminal defense lawyer can use that to your advantage in a DUI, DWI, drug case, or any criminal offense. If you are arrested for DUI, DWI, a drug offense, a sexual offense or any criminal offense, the lawyers of the Houston, Texas office of Scheiner Law Group are highly experienced with search and seizure law and can help protect your rights.

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Harris County DIVERT Program Featured in Houston Chronicle

July 5th, 2011
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If you are arrested for DWI, or DUI in Houston, Harris County, Texas, you may be eligible for a new program run by the Harris County District Attorney’s Office known as DIVERT. The program is unique in Texas, and offers first time offenders a dismissal of their DWI or DUI case in exchange for undergoing a probation-like period. This week, the Houston Chronicle reported that approximately 1,800 DWI or DUI defendants have gone into the program since it began almost two years ago. Of those 1,800 Houston DWI or DUI defendants, about 1,400 have successfully completed the program, while about 400 have failed.

While the official goal of DIVERT is rehabilitation, it operates under the principle of the carrot and the stick. Specifically, if a Houston DUI or DWI defendant goes into the DIVERT program after consulting with a DUI or DWI attorney, he or she will plead “guilty” to the charge of DWI or DUI. But rather than sentencing the DUI or DWI defendant, the judge will then allow the defendant to participate in the DIVERT program. If the DWI or DUI defendant successfully completes the program – which includes, at a minimum, fines, an ignition interlock, community service, and alcohol education classes – the case will be dismissed, and can be expunged two years after the dismissal. If, however, a DUI or DWI defendant does not complete the program, or is kicked out for using alcohol (the program does have a zero-tolerance policy) a defendant will often be sent to jail, for as much as thirty days.

A top Houston DWI or DUI lawyer will see DIVERT as a good option in some cases, but it is certainly not for everyone. Even where a defendant is eligible for DIVERT, going to trial or pushing for a dismissal are often better options than DIVERT. A good Houston DWI or DUI attorney will not settle for DIVERT in many cases.

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Testifying at a DUI or DWI trial

July 4th, 2011
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Deciding whether or not to testify at your DWI or DUI trial is an important decision that you should make only after consulting with your Houston DWI or DUI lawyer about the pros and cons of testifying. Many people who have been arrested for drunk driving want to take the stand. Sometimes this is a good idea, but if a defendant testifies poorly, it could be damaging.

If you are going to testify at your trial, it is important that you go in knowing what to expect. A good Houston DWI or DUI attorney won’t coach you about what to say, but will give you advance notice of the questions you are likely to be asked by him and by the prosecutor.

Your Houston DWI or DUI attorney will ask you about many other subjects, including where you were, how much you had been drinking, how and why you were pulled over, what field sobriety tests were conducted, etc. You can discuss these subjects with your lawyer.

If you have been arrested for drunk driving and are not already represented by a Houston DWI or DUI lawyer, contact the Houston, Texas office of Scheiner Law Group, P.C. at (713) 783-8998 for a free case consultation.

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Understanding Your Right to Decline Field Sobriety Tests and Chemical Tests

July 3rd, 2011
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If you are stopped for DWI or DUI in Houston, Texas it is important that you understand how the police’s investigation will proceed. If most officers smell alcohol on you, they will ask you to perform field sobriety tests, including the horizontal gaze nystagmus test, the one-leg stand, and the walk and turn. These tests are far from very unreliable indicators of alcohol consumption and can be passed by intoxicated people while failed by completely sober people. If you are stopped for DWI or DUI in Houston or anywhere in Texas, you should know that you can refuse to take these tests. Although a police officer in a DWI or DUI investigation will not make it seem like you have a choice, you can always refuse.

After attempting to have you take field sobriety tests in a DUI or DWI investigation, a police officer will usually offer you a breath test, or in rare instances, a blood test. It is also your right to refuse to give either of these, and that may be the smartest thing to do if you’ve had anything to drink. Chemical tests in DUI or DWI investigations are also very unreliable and there is always a probability that they could be inaccurate in your case. Of course, if you refuse a chemical test in a DUI or DWI investigation, the police officer could seek to have a judge sign a search warrant for your blood (although this usually doesn’t happen), but nevertheless, it is not your job to help the police’s investigation.

If you are the subject of an investigation for DUI or DWI in Houston or anywhere in Texas it is important that you understand your rights. If you are arrested, the attorneys at the Houston, TX office of Scheiner Law Group are an excellent choice and have successfully defended hundreds of DUI or DWI cases.

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What an officer needs before pulling you over in a DUI or DWI case

July 2nd, 2011
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As most people know, police officers need some justification before making a traffic stop. In legal terms, they need reasonable suspicion that a traffic offense or criminal offense has been committed. There are many definitions for reasonable suspicion, but it is definitely more than a hunch, and the officer needs to be able to point to factors that would make it likely that some offense has been committed.

If you are stopped in Houston for DUI, DWI or any criminal offense, one of the first things your criminal defense attorney will do is investigate the reason for the traffic stop. Many officers will claim that a DUI or DWI suspect was committing a violating like weaving in a lane, but that may not be enough. Under Texas law, in most cases, an officer has to show that a DUI or DWI suspect actually presented a danger before stopping him. In other words, weaving on its own may not be enough for a traffic stop, and your criminal defense lawyer will investigate whether such a danger actually existed.

A good Houston, Texas DUI, DWI and criminal defense attorney will question the basis for the traffic stop, and seek to prove, if possible, that the police had no justification for the traffic stop. If your criminal defense lawyer proves this in court, it could lead to the dismissal of your case.

If you are charged with DUI, DWI or any criminal offense, the lawyers of the Houston office Scheiner Law Group are an excellent choice and will help defend your rights, including investigating whether officers were justified in stopping you. The attorneys at Scheiner Law Group are available 24/7 and can defend you in any criminal case in Houston, Texas, or surrounding counties.

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Como se defiende su caso de DWI

July 1st, 2011
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Lo más importante acerca de un arresto por DWI es que no aparesca en sus antecedentes penales.

Cada año, la autoridades detienen a miles de personas en el área de Houston, TX por DWI o DUI. Sin embargo, sólo unos unos pocos elegidos logran una desestimación. ¿Cómo lo hacen?

Una forma es cuestionar el derecho del agente de policía de detenerlo. En algunos casos, si el agente de policía no lo ha visto conducir o cometer una infracción de tránsito, no puede haber tenido una razón legal para detenerlo. Ademas, si su abogado pueda demostrar ante el tribunal que el agente de policia no tuvo el derecho de pararlo, podría resultar en la desestimación de su caso de DWI.

En otros casos, la policía no podría haber tenido una causa probable para un arresto. Esto puede ocurrir si el agente de policía no le hace ninguna prueba de sobriedad o se la hace a usted de forma incorrecta. Con el fin de cuestionar a un arresto, un abogado de DWI debe conocer los lineamientos en los cuales las pruebas de sobriedad se basan.

Si se demuestra que las pruebas de sobriedad eran insuficientes, o que se les hicieron incorrectamente, eso podría resultar en una desestimación de los cargos en su contra.

Un buen abogado de DWI debe ser capaz de identificar las cuestiones jurídicas y fácticas que pueden obtener una desestimación de su caso. Al fin y al cabo, tal es la tarea del abogado, y no la suya.

Si usted busca un abogado altamente estimado en casos DWI o simplemente le gustaría aprender más acerca de cómo mantener un DWI fuera de sus antecedentes penales, por favor visite nuestro sitio web www.scheinerlaw.com

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How DWI cases are dismissed

July 1st, 2011
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Thousands of people are arrested every year in the Houston, Texas area for Driving while Intoxicated.  But only a select few have their cases dismissed.  How do they do it?

One way is by challenging the police officer’s right to detain you. In some instances, if the police officer didn’t see you driving or see you commit a traffic infraction, he may not have had a lawful reason to detain you.  And if your attorney can prove in court that the police had no right to stop you, it might lead to a dismissal of your DWI case.

In other cases, the police officer might not have had probable cause to arrest you. This can happen if the police officer doesn’t give you any field sobriety tests or gives them to you incorrectly.  In order to challenge an arrest, a DWI lawyer should be familiar the guidelines on which field sobriety tests are based.

Proving that field sobriety tests were insufficient or administered incorrectly could also lead to a dismissal of the your DWI, DUI or criminal case.

A good DWI lawyer and criminal defense attorney should be able to spot the legal and factual issues that can get your case dismissed.  After all, that’s the attorney’s job – not yours.

If you’re looking for a top-rated DWI attorney or you’d just like to learn more about how to keep a DWI off your record, please visit our website at www.scheinerlaw.com.

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