Pulled over for a DWI in Dallas-Fort Worth? Call Carl David Ceder, THE DWI Defender.

We DO NOT Want a Police State:

“While I acknowledge that our police officers are charged with the awesome and sometimes onerous responsibility of protecting the public, I cannot sanction the whisperings of the majority that that protection comes at the deprivation of the constitutional rights of citizenship. We do not want a police state, and it seems we are on the precipice of becoming one, in the name of DUI. I suggest that the Court, and the police, can ill afford to sanction this type of conduct.”

- Martin v. Commonwealth of Virginia

Authority of Police Officers:

DWI Laws are only becoming more stringent in Texas as time passes. Mothers Against Drunk Driving (MAAD) is a powerful organization that has wide reaching influence. They put pressure on our legislature and our prosecutors to be increasingly hard on DWI charges. Police Officers are being encouraged to make an arrest first, and then ask questions later. However, the law doesn’t altogether prohibit an individual from driving after consuming alcohol. It only prevents driving while intoxicated. If a person does become intoxicated, it is perfectly legal to drive. However, DWI is an “opinion” crime. It is totally up the discretion of the investigating officer whether they make an arrest.

The law for “intoxicated” in Texas is as follows:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol (or due to the introduction of a drug); or

(B) having an alcohol concentration of 0.08 or more.

If any one of these 3 factors are met, then an individual can be arrested and convicted for DWI. However, devices that measure the BAC level are scarily prone to error. The question people often want answered is,, how drinks does it take to actually become intoxicated according to the law? The answer is a difficult one to provide. The best solution and preventative measure to avoiding a DWI, then, is to simply not drink and drive. Do not give police officers any reason to arrest you. In effect, “Prevention is better than a cure.” The bottom line is one should try to be careful about being arrested for DWI. And always remember that Police Officers are always \ given a wide range of authority to initiate a traffic stop on a vehicle for minor traffic violations.

High Rate of Error:

Though the Police officers have the right to initiate a traffic stop, remember to always use your common sense if you believe you are under suspicion of Driving While Intoxicated. Read excerpts from my website to help avoid a possible DWI conviction. And also – DO NOT SUBMIT TO A CHEMICAL TEST. The machines used by the police are scarily prone to error!

It has also been proven time and again that Machines are not infallible. The Intoxilyzer 5000 is the evidentiary breath testing device used in Texas. It is based on old technology and has not been updated for many years. The manufacturer will not warrant the machine for any particular purpose, including for use on people. Here are a few facts to be aware of why an Intoxilyzer might not be accurate always:

A recent research conducted at the University of Washington by Dr. Michael Hlastala at the Department of Medicine has proven that Intoxilyzer is prone to inaccurate results depending on differing levels of Breathing Patterns.

Dental issues could be another distracting factor that might lead to misleading results. Adhesives used for denture are capable of retaining the consumed alcohol in the mouth. And an Intoxilyzer has a setback in differentiating between the BAC in one’s mouth and BAC which actually needs to be measured from a person’s lung air.

Intoxilyzer is machine that is susceptible to capture signals emitted on the air by other electronic devices. “Radio Frequency Interference” is a common reason for why a false-positive result may occur. Often police officers leave their walkie talkies on while administering the test.

Temperature of Breath could be a decisive factor, which the Intoxilyzer fails to take into account.

Chemical reactions in the Body due to certain illness could alter the results as well

Mentioned above are only a few points that expose the inability for the machine to be accurate. The bottom line is hire an experienced DWI Defense Attorney if you think the result is not accurate.

Arrested for DWI – Here is What You Need to DO:

If you find yourself pulled over for a possible DWI, here are a few tips on that may help:

First of all, do not panic. Relax as much as possible and try to calm your nerves. The “jitters” can lead to behavior that can be perceived as intoxication. that you are very much in control of the situation and the 4 wheels, there is no reason to stop and handle the Police Officer.

Choose to remain silent. You cannot be forced to answer questions. Invoke your rights to remain silent and refuse to attempt to perform the SFST’s. Choose to refuse.

Sometimes people voluntarily submit to a breath or blood test with the mistaken belief that if they pass, they will be able to go home. This is not true. Once you are asked to submit to a chemical test, you are already under arrest. There is no way to “un-arrest” you at this point. You have the absolute right to refuse to submit to a chemical test after you are arrested for DWI. If you do refuse, your driver’s icense will be subject to a 180-day suspension (as opposed to a 90-day for a chemical test faliure). This shorter period of time for a suspension is used to entice those to submit to a chemical test. DO NOT

MAKE THIS MISTAKE. REFUSE. Either way, your driving privileges are subject to a suspension period. However, either way, will be eligible to obtain an occupational driver’s license, which would allow you to drive for “essential needs.” It is better to let the officers go through the process of obtaining a blood search warrant, than just allowing them to bypass this altogether. Many times they will not go through the process of obtaining the search warrant. If they do ultimately get a blood search warrant, you are in no worse position than had you just consented from the beginning. Oops, am guilty– What doI do:

If you are facing a DWI charge in the Dallas-Fort Worth area, call use for guidance and advice. We would love to help.

So, if you find yourself facing being pulled over and under investigation for DWI, do not panic. Call our office. We have a proven track record of results of fighting any type of charge of DWI.