Disclaimer
All DWI case results mentioned on this website are public records at the Dallas, Denton, Tarrant, Collin, Rockwall, Parker, Ellis, Kaufman, Hunt, Hood, Greyson, Cooke, Wise, Johnson County Courthouses. The outcome of the cases mentioned on this website is not indicative of the results of the outcome of your individual case. Each case has its own evidence particular to that case. The Law Office of Richard C. McConathy and or the individual attorneys make no promises, assurances, or guarantees, expressed or implied, that the same results will occur in your case if the law firm is retained. This is presented to provide you with information about our successful defense of DWI cases in the past.
The percentage displayed is based on casework handled by Richard C. McConathy and/or associates of this firm while licensed in the State of Texas and over the course of time increases or decreases as cases are handled before the Texas courts. Our Office has successfully defended the following DWI cases since December 2002. All of the cases listed were advised by the attorney to proceed to trial. The case was set for a trial date and announced ready for trial. The DWI case is considered a win by the office if the client has been found NOT GUILTY, Dismissed, Reduced, or Given Deferred Probation on the charge.
The case was set for a trial date and announced ready for trial. The DWI case is considered a win by the office if the client has been found NOT GUILTY, Dismissed, Reduced, or Given Deferred Probation on the charge.
DWI Case Studies
Client was stopped for not using his turn signal to change lanes. After he got out of his car, client had slurred speech, unsteady balance, and a staggered walk. He failed the field sobriety tests and submitted to a breath test at the police station. The prosecutors dismissed his case after jury selection on the day of trial.
Client ran a red light and was drifting between lanes of traffic. When the officer stopped him, client had alcohol on his breath, slurred speech, poor balance, and disorientation about which direction he was traveling. Despite passing some of the field sobriety tests, client was arrested for DWI. At trial, he was found not guilty of the charge.
Client was speeding through a residential area when he was stopped by the police. The officer observed slurred speech, unsteady balance and admitted to drinking. Client failed the field sobriety tests, and refused the breath test. Client was found not guilty at trial.
Client was stopped for speeding and for failing to signal lane change. Client admitted to drinking, had a moderate smell of alcohol on her breath, had slurred speech and had unsteady balance. Client failed the field sobriety tests and refused to give a specimen of her breath or blood. At trial, the jury found her not guilty.
Client was arrested for DWI 2nd after he was stopped for failing to use his turn signal when changing lanes. The officer discovered that the client had been drinking while driving and had been smoking marijuana. The client failed the field sobriety tests and refused to take the breath test. Despite the client’s lengthy criminal history, including a prior DWI, he was found not guilty at trial.
Client failed to use his turn signal after he left a local bar. *Officer observed client having difficulty getting out of his car and difficulty walking. Client failed the field sobriety tests and refused to submit to a breath test. At trial, he was found not guilty.*A DWI Specialized Frisco police officer
Client passed out in the parking lot next to a fast food restaurant after the drive-thru attendant called the police on him for being intoxicated. Client admitted to drinking, had an unsteady balance, and slurred speech. He refused to take field sobriety tests and refused the breath test. Client was found not guilty at trial.
Client was stopped by the police for speeding, and running a red light. He admitted to drinking at the lake, had unsure balance, and slurred speech. Client didn’t pass any of the field sobriety tests and refused to give a breath specimen. On the day of trial, the prosecutor’s dismissed the case.
Client was charged with a DWI 2nd. Client was stopped by the police for speeding and erratic driving. Client had very poor balance, slurred speech, and had a strong smell of alcohol on the breath. The client also performed poorly on the field sobriety tests and refused to provide a breath specimen. At the jail, the officer had to assist the client from falling over into the wall. Prior to trial, and after extensive negotiating with the DA, the case was dismissed by the prosecutor’s.
Client was charged with DWI after he was stopped for speeding. Client had slurred speech, unsteady while he walked, and admitted to drinking. He failed the field sobriety tests and failed the breath test. Prior to trial, the prosecutors dismissed his case.
Client made an illegal U-turn on I-35 and failed to yield to the right of way with opposing traffic, nearly striking the officer’s police car. Client had slurred speech, slow and deliberate walking, and an unsteady balance and admitted to drinking a few beers. Client failed the field sobriety and provided a breath specimen of .21. On the day of trial, the case was dismissed.
Client, a high school student, was arrested for DWI after he was stopped for speeding. He submitted to the field sobriety testing, which the officer improperly administered, had slurred speech, and unsteady balance. Client refused a breath test. On the day of trial, the prosecutors dismissed the case.
Client was stopped by a Dallas DWI squad police officer for running a red light and speeding. Client had an unsteady balance, slurred speech, and admitted to drinking more than she should have. Client performed poorly on field sobriety tests and refused to take a breath test. On the day of trial, the case was dismissed.
Client failed to yield to traffic and almost caused a car accident in front of a police officer. The officer noticed him to be drinking while driving, having unsteady balance, and slurred speech. Client failed the field sobriety tests and refused the breath test. Client was arrested for DWI 2nd. On the day of trial, the State Dismissed his case and offered him an Obstruction of a Highway charge.
Client was stopped because he was a suspect in a prior fight at a gas station parking lot. He had bloodshot eyes, slurred speech, and unsteadiness while walking and standing. He failed the field sobriety tests and admitted to drinking a 6-pack of beer. The DWI was Dismissed and re-filed as Obstruction of a Highway.
Client was stopped by a DWI Task Force officer for failing to drive in a single lane of traffic on Mockingbird, near Greenville Avenue. He had bloodshot eyes, slurred speech, and poor balance. He failed the field sobriety tests and fell into the bushes while walking the line. At the jail, he could not stand up without leaning against the wall for support. He refused the breath test. Client was found Not Guilty at trial.
Client was arrested for DWI after being pulled over for weaving across lanes of traffic and driving onto the shoulder. Client refused field sobriety testing, and refused the breath and blood tests. Client had unsteady balance, admitted to drinking, and had an open container in his truck. Client was found Not Guilty.
Client was pulled over by the highway patrol for swerving across lanes of traffic, onto the shoulder, and back across lanes of traffic, nearly causing an accident with several other cars. She had bloodshot eyes, slurred speech, and was drinking while driving. She had unsteady balance, an unsteady walk, and failed all field sobriety tests. After several trial settings, the State dismissed the DWI charge while the jury was in front of the courtroom, ready to begin jury selection.
Client was stopped by the police for failing to signal a turn and speeding. Client had poor balance and unsteady balance, and admitted to drinking beer at a party. She failed field sobriety testing and refused to take a breath test. On the day of trial, the State dismissed her DWI and offered an Obstruction of a Highway.
Client was facing 25 years to life on a case set for trial.
Client was charged with the felony offense of DWI W/ a Child Passenger after he was stopped for swerving back and forth from the roadway to the shoulder. Then drifting over between traffic lanes, straddling the white divider lanes. He could not say his alphabet, nor could he count as instructed by the officer; additionally, he failed all field sobriety tests, and his blood test results showed intoxication narcotics is his system. Case was reduced to a misdemeanor DWI.
Client was speeding and failed to signal a lane change. Client had alcohol on her breath, bloodshot eyes and slow movements with unsteady balance. She failed field sobriety tests, and a breath test showed her to a .12. The DWI case was Dismissed and re-filed as Obstructing a Roadway.
Client was speeding 30 miles per hour over the speed limit and could not drive his car in a single lane of traffic. He was drinking beer while he was driving and had urinated on himself during the DWI investigation. He had poor balance, failed field sobriety tests, and refused to provide a breath specimen. On the day of trial, his DWI case was Dismissed and re-filed as an Obstruction of a Highway.
Client was charged with a felony DWI after he was stopped for speeding. He had unsteady balance, slurred speech, bloodshot eyes, and a strong odor of alcohol on his breath. After failing field sobriety tests and a breath test, he was arrested. The case was set for trial, but was negotiated down to a first-offense DWI sentenced to probation for 1 day.
Client had recently been convicted of DWI when he was pulled over for driving recklessly. The cop observed him to have a difficulty exiting his car, walking and standing without swaying. Client had difficulty with field sobriety tests and could not recite his alphabet correctly. After the case was set for trial, the State reduced his charge.
Client was driving at a high rate of speed, and when stopped by the officer, had swayed balance, a strong smell of alcohol on his breath, and slurred speech. The client refused to take any field sobriety tests, as well as a breath or blood test. On the date of trial, the prosecutors agreed to reduce the case to an Obstruction of a Highway.
Client made a wide right turn at an intersection nearly colliding with a police car, and failed to drive in a single lane of traffic. When the officer stopped her, he found her speech to be extremely slurred and she was confused about where she was going or coming from. Client refused to take field sobriety tests and refused to take a breath test. Because the client had been convicted of DWI just 2 years earlier, the state filed her case as a DWI 2nd. On the day of trial, the charge was reduced.
Client was in a major vehicle accident with construction barricades. Client had slurred speech and admitted to drinking and taking sleeping pills. No field sobriety tests were administered; and refused to submit to a blood test. Prior to trial, her DWI was dismissed and the prosecutor offered her an Obstruction of a Highway.
Client rear ended another vehicle at the toll booth on the Dallas North Tollway. He admitted to drinking quite a bit, had an unsteady balance, and slurred speech. Client could not complete the field sobriety tests, and refused to give a breath test. On the day of trial, the prosecutor offered him an Obstruction of a Highway.
Client was stopped for speeding and failing to drive in a single lane of traffic. The officer noticed that he had been drinking while driving. A search of the car showed a liter bottle of whiskey under his car seat. The client failed the field sobriety tests, had unsteady balance and bloodshot eyes. On the day of the trial, the state Dismissed the case.
Client was driving nearly 110 mph in a 70 mph zone, failed to yield to the officer’s lights, and confirmed driving for nearly 3 miles at varying speeds. He admitted to having 5 or 6 beers and had unsteady balance. He failed the field sobriety tests and a breath test showed his alcohol concentration to be .11. At trial, prior to jury selection, the state Dismissed the DWI and offered him a Reckless Driving charge.
Client was stopped by an experienced DWI Squad Officer for not using her turn signal. After failing field sobriety tests, client was taken to jail and blew twice the legal limit. The case was Dismissed after the court granted a Motion to Suppress evidence after an unlawful traffic stop.
Client was stopped for excessive speeding and has slurred speech, unsteady balance and bloodshot eyes. She admitted that she had been drinking margaritas at a friend’s house. After failing the eye test, she fell and lost her balance, and couldn’t complete the rest of the testing. Her breath test showed her alcohol concentration to a .17. She was found Not Guilty at trial.
Client had been at an adult cabaret for several hours at a bachelor party. He left, failed to yield to oncoming traffic and nearly hit a moving police car. He stumbled out of his car and was asked to take a field sobriety test, which he failed. He fell into his car because he lost his balance. A jury couldn’t reach a unanimous verdict at trial, and his case was ultimately Dismissed.
Client was weaving across lanes of traffic and ran a red light. He had a strong smell of alcohol and could not complete roadside tests due to his unsteadiness while walking and standing. Client was found Not Guilty at trial.
Client had been drinking at a bar and got into a physical altercation with another individual. The police were called out and saw him driving away from the bar, spinning out his tires and swerving. He failed the field sobriety tests and was “extremely intoxicated” in the opinion of the officer. Client was found Not Guilty at trial.
Client was stopped for speeding and smelled strongly of alcohol. He failed all field sobriety tests and had unsteady, swaying balance and extremely slurred speech. DWI was Dismissed prior to jury selection.
Client was arrested for DWI after being stopped for reckless driving on the interstate, nearly causing an accident. He had thick-tongued, slurred speech, a staggered walk, and the strong odor of alcohol on his breath. Client took the field sobriety tests, and gave a breath specimen showing a .20. Prior to trial the DA dismissed his case.
Client was stopped for traveling straight in a turn-only lane and filing to drive in a single lane of traffic. He admitted to drinking, had slurred speech, and had problems standing without holding onto car for balance. Client failed the field sobriety test and refused to submit to a breath test at the jail. Because the officer incorrectly filed the case, the case was delayed until after the statute of limitations had passed, then was attached for being defectively filed. The DA was forced to dismiss the DWI charge and could not re-file the case at a later time.
Client was stopped by a Dallas DWI squad police officer for running a red light and speeding. Client had an unsteady balance, slurred speech, and admitted to drinking more than she should have. Client performed poorly on field sobriety tests and refused to take a breath test. On the day of trial, the case was dismissed.
Frequently Asked Questions
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.”
The legal definition of intoxication in Texas 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.
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.
“Alcohol concentration” is defined by statute as:
a. the number of grams of alcohol per 100 milliliters of blood;
b. the number of grams of alcohol per 210 liters of breath; or
c. the number of grams of alcohol per 67 milliliters of urine.
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.
Under criminal law, you are not required to perform any type of test or answer any questions to the police officer. You have the right to refuse any tests and request an attorney. However, if you refuse to attempt these tests, the officer most likely is going to arrest you.
Further, the civil law, which your driver’s license falls under, does not protect you. In fact, when you applied for your driver’s license you unknowingly consented to any future tests, if to which you refused you would lose your driver’s license for a period of six months. The decision is yours and there is a civil risk (your license), but you do have rights, and should not waive them. Always request your lawyer and don’t cooperate with anything if you wish to exercise your rights.
No. However, although a person has no right to refuse being videotaped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.
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
Even SOBER persons can have difficulty with these tests, as stated by The National Highway Traffic Safety Administration. The reason is as the NHTSA has admitted, are several factors that affect every person, such as:
- Age
- Being ill
- The distraction of traffic
- The police car’s 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
The State of Texas must prove your guilt “beyond a reasonable doubt”, which is the highest burden of proof in the justice system. It is not defined, by Texas law, but can be easily explained to a jury.
The lowest burden of proof is probable cause. That is how an officer can start an arrest.
The next highest burden of proof is preponderance of the evidence. This is the amount of proof needed in civil courtrooms involving civil suites. A preponderance of the evidence is proof amounting to 51% or who can move the scales of justice.
The next highest burden of proof is clear and convincing evidence. This is amount of proof that will cause a juror or judge to have a “firm belief” in the matter to be proved. This is used in custody cases. Most juries when they hear that the burden of proof is higher than that to take their kids away from them understand the high level of proof.
Beyond a Reasonable Doubt is the highest burden of proof. A jury must have more than that necessary to take your kids away in evidence that you were intoxicated before they could find you guilty. This is very simple, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty.
Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. However, the law does not require you to perform any field sobriety tests or to take a blood or breath test so continue to ask for an attorney and refuse to cooperate and the likely chances of being found NOT GUILTY can increase!
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.