Texas DWI Blog

Police officers were dispatched to a parking lot after a caller reported a possible intoxicated driver.  The police respond to the scene and find our client walking from the driver's seat to the passenger side of the vehicle.  He was in fact changing drivers because he began to fell the effects of the ambien that he had taken shortly before leaving his house.  He had nothing to drink - only the ambien was in his system.

Obviously, when the police investigated him, he appeared intoxicated.  In fact, client had difficulty even standing up because the effect of the ambien was continuing to increase.  He failed the field sobriety tests miserably.

The prosecutor handling the case actually "gets it".  He understood that our client was intoxicated, but realized that our client was doing the right thing (letting someone else drive).  The DA said something like, "He did the right thing by changing drivers when he realized the ambien was kicking in - what else is he suppose to do in that situation."  We need more prosecutors like him that are willing to listen and take into consideration all circumstances.  DWI cases are not a one size fits all type of crime.

If you or someone you know needs to speak to a Houston DWI Attorney, call our Houston DWI Lawyers at 713-222-0400.

The assistant Harris County District Attorney handling client's Houston DWI disagreed with the arresting officer's evaluation of the case and dismissed the DWI.  After stopping client for a traffic infraction, the Houston officer smelled alcohol and asked the client to perform field sobriety tests.

At the conclusion of these field sobriety tests, officer arrested client for a Houston DWI.  On the Motion to Dimsiss filed by the prosecutor was written, "Can't prove beyond a reasonable doubt.  Defendant passed all standardized field sobriety test."  Finally, the prosecutor and I have a similar view on a file.

If you have been charged with a DWI and need a Houston DWI lawyer, call the Houston DWI attorneys at 713-222-0400.

Not unlike many that are arrested for a DWI in Houston, Texas, our client was speeding on his way home from a bar.  He had been there for several hours, drinking a beer per hour.  After being pulled over, he told the Texas DPS Trooper that he had been drinking at the bar for the past 6 hours and that he had 6 beers.

Client also informed the Trooper that he had ACL damage to his knees and that he was extremely nervous.  As is the norm, the DPS Trooper had him perform the standard field sobriety tests and then arrested him for DWI. 

From the moment of his arrest, client has maintained that he is innocent.  Fortunately, the prosecutor saw the light and dismissed the DWI case today.  Needless to say, client is ready to get back to his normal life.

If you need a Houston DWI Attorney, call the Houston DWI Lawyers of Johnson, Johnson & Baer, P.C at 713-222-0400.

According to the offense report, police officers pulled client over for DWI because there was a 911 call that said our client's vehicle was being driven by an intoxcated driver.  Through our investigation, however, that was a misrepresentation of the call to 911.  The 911 caller actually relayed to the police that he observed a driver of a vehicle that was - get this - weaving in his lane and the caller thought the driver may be intoxicated or on his cell phone.  Isn't that what we all do when we drive, weave within our lane.  Driving is by its nature a contolled weave.

Houston Police officers found our client and pulled him over.  The problem - there was no reasonable suspicion for the stop.  The prosecutors agreed and the DWI case was dismissed.

If you or somone you know needs a Houston DWI lawyer, call the Hosuton DWI attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400.

Defendant and his wife were in an verbal altercation and wife called the police.  Police arrive on the scene - Defendant is not there.  While police are speaking to wife, the defendant drives by the house and she quickly points the car out to the police.  Police stop the vehicle and conduct a DWI investigation.

Ultimately, the police arrest the defendant for DWI.  After transporting him to the police station, the defendant takes a breath test that registers  a .13 breath alcohol concentration. 

After a suppression hearing about the stop, the Judge concludes that the police did not have reasonable suspicion to stop the client and suppresses all evidence in the case.

Houston DWI lawyer Jordan Lewis successfully handled the case.  If you or someone you know needs a Houston DWI attorney, call the attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400.

According to DWI task for officer JL Aquilar, Client was stopped for drag racing another vehicle and speeding on Westheimer in West Houston.  Aquilar claims client had a strong odor of alchol, glassy eyes and slurred speech.  Aguilar had client perform field sobriety exercises and claims client failed those tests.  Client was then arrested for driving while intoxicated, taken to jail and asked to take a breath test.  Client refused the breath test.

Through his hard work and diligence and after 5 months of court appearances, Alan Baer convinced the prosecutor to dismiss the DWI for insufficient evidence. 

If you or someone you know has been arrested for DWI, call Houston DWI lawyer Alan Baer at 713-222-0400.  Our Houston, Texas DWI attorneys have handled hundreds of DWI case. 

Conroe Police arrested our client for a felony DWI.  However, a strange turn of events occurred.  Since the arrest of our DWI client, the officer is now under indictment for falsifying a DWI offense report.

As a direct result of the cop's indictment, our client's felony DWI case has been dismissed.  It sure will be interesting to see what happens to this DWI cop's case.

DWI cases are dismissed for many different reasons.  If you or someone you know needs a Texas DWI lawyer, call the Texas DWI attorneys at 713-222-0400.

Jordan Lewis successfully defended a .18 breath test case by demonstrating to prosecutors that the state mandated statutory warnings that an officer is required to give a defendant before requesting a breath test were not given properly.  After convincing the Harris County prosecutor that the breath test was going to be inadmissible, the government dismissed the Houston, Texas DWI case.

If you or someone you know need a Houston, Texas DWI lawyer, call the DWI attorneys at 713-222-0400.

Fort Bend County jurors were deadlocked in a DWI trail this week after three days of trial.  The Defendant in the case was stopped for allegedly not using his left turn signal at a light. 

Upon questioning by the deputies, it was determined that the defendant had been at gentleman's club and had been drinking.  According to the deputies, defendant was unable to answer basic questions and arrested him for Driving While Intoxicated / DWI / Drunk Driving.  Defendant refused all field sobriety tests and refused to take a breath test.

Dane Johnson - Houston DWI lawyer

A jury panel was waiting in the hall just before jury selection was to begin when a Houston, Texas prosecutor decided to throw in the towel and dismiss the Houston DWI case.  Houston DWI attorney Alan Baer was instrumental in pursuading the prosecutor to dismiss the case.

Client was pulled over for speeding as he exited the freeway.  According to the officer, client performed poorly on the field tests and was arrested.  The officer then offered the client the choice to take a breath test on the brethalyzer or not - client declined the offer and was given a free ride downtown.  The officer then had the client do the tests again at the station.  Officer claimed he did poorly again.

Due to his persistence and willingness to try the lawsuit, Houston DWI lawyer Alan Baer was able to get a last minute dismissal on the case. 

Jordan Lewis obtained another dismissal for a client that took a breath test with results of .17 and .18.  Despite having a breath alcohol level of over twice the legal limit, Mr. Lewis convinced the State prosectuor to dismiss the Harris County DWI case.  

Client was origianlly pulled over for speeding in Northwest Houston by  the Cypress Police.  The Cypress Police conveniently did not have a video for the field sobriety tests that they did at the scene.  Client fully cooperated and did the field exercises again at the station and did not appear intoxicated.  Client then took a breath test with the above results. 

Houston, Texas DWI Lawyer Jordan Lewis was able to expose some problems with the breath test and the way the test was given that rendered the results inadmissible.  Because the police were left with only the video that looked good for client, the State was forced to dismiss the case.

A man charged with a Montgomery County DWI more than 2 years ago finally had his day in court.  Houston DWI Lawyer Dane Johnson represented client in the DWI case.  According to the deputy that arrested him, client was stopped for weaving, failed the field sobriety tests and blew a .10 on the breath test.  In spite of this, client's case was dismissed in the middle of trial.

After the jury was selected and sworn, the Court proceeded with testimony regarding the initial stop of client.  Montgomery County Sherriff Deputy testified that client was pulled over for weaving and failure to maintain a single lane of traffic.  He even went on to say that he pulled client over because he suspected he was driving while intoxicated and to provide a wellfare check for client.

Unfortunately for the deputy, the Court ruled that the deputy did not have a valid reason for stopping client and clilent's motion to suppress was granted.  The case was then dismissed. 

If you ar someone you know needs a Houston DWI attorney or Houston Criminal Defense lawyer, call Dane Johnson at 713-222-0400. 

The Houston, Texas DWI lawyers at Johnson, Johnson & Baer, P.C. have recently launched a new Houston DWI Blog.  Specifically, the blog gives insight into DWI cases, DUI defenses and current events related to Texas DWI cases.

Client was pulled over for a traffic offense in Houston.  The officer then called a Houston DWI task force officer to the scene to perform field sobriety tests.  Client very respectfully declined to perform any of the officers tests and was arrested for DWI / drunk driving.

The DWI task force officer then transported client to the police station and asked him to take a breath test.  As he as every right to do, client refused the breath test. 

After setting the case for trial and announcing ready for trial on the trial date, the prosecutor handling the case decided to dismiss the Houston DWI case rather than risk another loss at trial. 

Alan Baer is a Houston DWI lawyer and handles cases across the Texas.  If you have been arrested for a Texas DWI, call Houston DWI attorney Alan Baer at 713-222-0400. 

When jurors were deadlocked after more than 8 hours of deliberations, a Harris County prosecutor decided to dismiss the Universtiy of Houston executive's DWI case.  Dane Johnson, a Houston DWI Lawyer, handled the case.

The executive was pulled over in downtown Houston for driving the wrong way on a one way street.  Houston's DWI task force officers had client perform field sobriety tests and the officers determined that the UH executive was intoxicated and arrested her.  They transported her the the police station where she refused to provide a breath sample.

Bothe officers testified that in their opinion, client was intoxicate.  The jury deliberated for over 8 hours and could not come to a unanimous decision.  The Judge then declared a mistrial.  Prosecutors had the choice to try the case again or dismiss the case and they decided to dismiss the DWI.

Dane Johnson is a Houston DWI Attorney and can be reached at 713-222-0400.

DPS Trooper pulled client over for speeding and smelled alcohol.  Trooper then asked client to exit his vehicle and perform some police exercises.  After these tests, the DPS trooper arrested client for driving while intoxicated - DWI.  Client then refused to take a breath test.  Trooper obtained a search warrant to draw blood and forcibly took client's blood.  The results of the blood test showed an alcohol level of .12 - over 1 1/2 the legal limit.

We filed a motion to suppress the blood results based on the trooper's inaccuaracies in the search warrant affidavit.  Fortunately, the Trooper's video camera told a very different story than the Trooper's offense report and search warrant affidavit.

After the case was set for a motion to suppress the blood test evidence, the trooper did not show up to court on two consecutive settings and the government was forced to dismiss the case.

Alan Baer is a Houston DWI Attorney that represents citizens in and around Houston, Harris County, Texas.  If you need to speak to a Houston DWI Lawyer, call Alan Baer at 713-222-0400.

According to a DWI Texas State Trooper, Jordan Lewis' client was stopped for urinating on the side of his vehicle while stopped waiting for a train to pass.  The officer then testified that client failed all field sobriety tests and the Texas Trooper arrested our client for drunk driving / DWI.  Client refused to take the breathalyzer because he had always heard they were unreliable and not accurate.  Our client maintained his innocence claim from the day we met him.  

Unfortunately for him, he got stuck at a railroad crossing that he did not anticipate.  After waiting some time and realizing the train was going nowhere quickly, he did what he believed was reasonable - opened the car door, faced the car door and urinated.  Ironically, after the trooper arrested our client, he himself urinated on the side of the road (shows you how long the train was there.) 
Client questioned the officer repeatedly about why he was being arrested for DWI with no response from the officer.  Fortunately, the jury realized that client was not intoxicated and found client "Not Guilty" in just 45 short minutes.  Congrats to Jordan Lewis for fighting the government and prevailing.

Dane Johnson is a Houston DWI Lawyer that devotes his practice to defending citizens accused of DWI / DUI and all other alcohol related matters.  Contact Houston DWI Attorney Dane Johnson at 713-222-0400.

An arrest for DWI can lead to a mandatory blood draw by police.  However, the police have always needed a search warrant to draw blood involuntarily in a Texas DWI case until now.  The Legislature is now going to let the police take your blood without a warrant and without your consent in the following cases:

1. If there is bodily injury by anyone other than the DWI suspect;
2. If the person arrested for DWI has a child in the vehicle under 15 years of age;
3. If the suspect has 2 or more DWI convictions in the past; or
4. If the suspect has prviously been convicted of Intoxication Manslaughter or Intoxication Assault.

As a Houston DWI Lawyer, I think it is a shame to allow the police to bypass the warrant requirement and allow the police to forcibly draw your blood.  Most of the Houston DWI Attorneys I know feel that these new laws invade on our Constitutional rights to remain free from unreasonable searches and seizures.

Dane Johnson

Board Certified - Criminal Law