• You have been arrested for Driving While Intoxicated, what do you do now?
• How can John Boyle help?
• What is DWI?
• What is the legal definition of intoxication?
• What does 'normal' mean?
• What is 0.08-alcohol concentration?
• If I had one or two drinks does that mean I am guilty?
• The Officer determined I failed the field tests, are field sobriety tests very accurate?
• What can affect my performance on field sobriety tests?
• How long will a DWI arrest stay on my record?
• Am I going to jail?
• Do I have to have an interlock device on my vehicle?

You have been arrested for Driving While Intoxicated, what do you do now?

In most cases you have been pulled over by the police for some minor traffic violation. The police officer contacts you and he observes some signs which he believes indicate intoxication. He performs some field sobriety tests and then decides to arrest you. You believe you passed the tests.

Your case will be filed with the local District Attorney's office. You will have a court date in several weeks facing a DWI charge.

In most counties you will receive a first appearance date. This date can be from three weeks to several months after the arrest. On this setting you appear in court and review the case and usually reset the case for another date. You may reset the case one or more times but eventually you will have to decide to either contest the charge and set the case for trial or agree to a plea bargain.

It is important to contact an attorney right away. There is evidence that can be lost if you wait several weeks or months. In some counties the attorney can make the initial appearance for you and prevent you form missing work.

An experienced attorney can review the evidence and point out the strengths and weakness of the case against you to help you make the right decision.

You also have the Administrative License Revocation (ALR) process to be concerned with and you need to decide if you want a hearing to contest that license revocation or obtain an occupational license in the alternative.

How can John Boyle help?

You need someone to help you make a decision. I have more than 15 years experience as a police offer, three years as an assistant district attorney trying over 80 DWI trials, 3 years as an associate judge, and 8 years as a defense attorney helping many citizens with DWI charges. My unique background allows me to analyze your case and give you answers and advise on how to handle your case.

Some common questions clients usually ask:

What is DWI?

DWI is a criminal offense that says a person may not drive a motor vehicle in a public place while "intoxicated". The DWI statute does not say driving while drunk or "drunk driving."

What is the legal definition of intoxication?

The legal definition of intoxication inTexas is:

• Having an alcohol concentration of 0.08 or more
• Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body
• Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body

The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.

What does 'normal' mean?

According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.

What is 0.08-alcohol concentration?

"Alcohol concentration" is defined by statute as:

1. the number of grams of alcohol per 100 milliliters of blood;
2. the number of grams of alcohol per 210 liters of breath; or
3. the number of grams of alcohol per 67 milliliters of urine.

If I had one or two drinks does that mean I am guilty?

No, that may be a factor in your arrest. In Texas you can have a drink and drive. You cannot and should not drive if those drinks affect your normal mental and physical fatalities.

The police officer has to make a judgment call in the field. He also has a lower burden in the field to make an arrest than that required of a jury to make a finding of guilt. The police officer only needs to make an arrest if he has probable cause to believe you are intoxicated.

A jury can only find you guilty if they believe the State has proven your guilt beyond a reasonable doubt.

There is a difference between the two burdens.

The police officer may look for a few clues to obtain probable cause; he only looks for those few clues.

There are often numerous signs showing that you were not intoxicated that when you correctly point them out to a jury will lead to an acquittal.

A 0.02 equals one drink. A drink is 1-¼ ounces of liquor, 1 12oz beer, or 1 glass of wine. It takes one hour for the body to burn off a 0.02 down to a 0.00. Thus, to reach a 0.08 a person must consume four drinks in one hour.

The Officer determined I failed the field tests, are field sobriety tests very accurate?

If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street.

The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer.

Therefore, these tests will inaccurately claim 23%-35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.

Often there is a video tape of your arrest or the field test which may contradict the officer's opinion and lead to an acquittal

What can affect my performance on field sobriety tests?

There are several factors that affect the results of your tests, such as:

• Age
• Being ill
• The distraction of traffic
• The police cars strobe lights
• Fatigued
• Footwear
• Lack of coordination
• Gusts of wind
• Weight
• Road or sidewalk conditions
• Allergies
• Scared
• Head lights of traffic
• Weather conditions
• Being nervousness
• Back problems
• Leg or knee problems
• Inner ear disorders

How long will a DWI arrest stay on my record?

If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record.

Am I going to jail?

In most cases the District attorney's office will not recommend jail time but will recommend probation. Probation is up to 24 months on misdemeanor DWI offenses and will include community service, DWI educations courses, fine and court cost plus other conditions the judge feels is appropriate.

As long as you do not violate your probation you do not spend time in jail.

DWI 2nd offenses and DWI 3rd offense require some mandatory ail time as a condition of probation.

Do I have to have an interlock device on my vehicle?

The judge may order an interlock device on your vehicle in some DWI 1st

A interlock is mandatory in DWI 2nd offense and DWI 3rd offenses.