Jury Trial Leads to Dismissal for Client with .15 Breath Test

Jordan Lewis took the lead in a jury trial this week where our client took a breathalyzer test that showed he was .15, almost twice the legal limit of intoxication.  After more than five hours of deliberations on the DWI case, the jury was deadlocked and unable to reach a unanimous verdict.  In fairness to the prosecutors that tried the case, they decided to dismiss the DWI case based on the original jury trial and the evidence that was presented.

The police officer testified that Client was pulled over for weaving and had trouble producing his Texas driver's license; in fact, the officer said that client originally handed him his Randall's card before realizing that he did not hand him his driver's license.  the police officer went on to say the standard signs of intoxication existed - slurrred speech, red glassy eyes and a strong odor of alcohol.  The officer then said he performed poorly on the field sobriety tests and the officer made the decision to arrest him for driving while intoxicated / drunk driving / DWI.

The governement then called their hired expert to testify that the breath test machine is the greatest machine ever.  During cross examination by Jordan Lewis, however, many potential problems with the breath test machine were exposed casting doubt on the reliability of the machine.  Ultimately, the jury just didn't have enough evidence to convict client.  Instead of having another jury trial on the case, the governement dismissed the DWI case.

Thank you to client for having the courage to go to trial and conratulations to both client and Jordan Lewis for another great victory.

Dane Johnson

Board Certified Criminal Law Specialist

If you or someone you know needs a Houston DWI Lawyer, call the Houston DWI Attorneys of Johnson, Johnson & Baer, P.C. at 713-222-0400.  Leslie Johnson, Dane Johnson, Alan Baer and Jordan Lewis are Houston Criminal Lawyers that have assisted hundreds of criminal clients.