Texas DWI Defense Attorney Discusses the Problem of Aggressive DWI Enforcement

There are many DWI arrests in Lone Star State each year. Unfortunately, not all of the drivers who are arrested for DWI are intoxicated at the time that they are arrested. Many drivers who drink responsibly or who choose not to drink and drive believe that they will not be arrested for DWI. These drivers believe that if they are stopped by law enforcement, they will not be arrested for DWI because they will get a 0.00 or some other number below the legal limit when they take the breathalyzer test. While this may in fact happen with many drivers who are not driving under the influence of alcohol, sometimes the unthinkable happens. It is possible that a driver who gets a 0.00 on a breathalyzer test will be arrested for DWI.

It happened to Larry Davis almost three years ago. He ran a stop sign, and he was stopped by police. An officer asked Mr. Davis to perform field sobriety tests, and he did. Unfortunately, the officer who conducted the tests claimed that Davis appeared to have been under the influence of alcohol when he performed the tests. When Mr. Davis was asked whether he had been drinking, he said that he had only had one drink. After that, he took a breathalyzer test. The test result was 0.00. Despite that result Larry Davis was arrested and brought to jail.

During the course of Larry Davis’s arrest and incarceration, he voluntarily provided a sample of his blood to law enforcement. The blood sample was sent to a laboratory and tested for alcohol. The blood test results came back months later, showing that there had been no alcohol in his system at the time of his arrest.  The DWI case against Davis was dismissed, but it is important to note that it took nearly a year from the time that he was arrested to the time that everything got sorted out and his record was fully cleared of the negative effects of the alleged DWI.

The Larry Davis case serves as an example of a problem facing Texas drivers. Law enforcement officers in some counties are aggressive about stopping drivers to investigate the possibility of a DWI upon even the slightest suspicion. This approach to DWI enforcement can cause problems for many drivers, because even if the DWI charges against them are eventually dropped, they begin experiencing negative consequences like certain fees or loss of driving privileges as soon as they are arrested. Excessive DWI enforcement costs drivers money, time, and other valuable commodities, and it also uses taxpayer dollars in the process.

This case also serves as a reminder to drivers that field sobriety tests are not an accurate indicator of sobriety or the lack thereof. Fatigue, uncomfortable shoes, poor coordination, or anxiety can cause you to walk a less-than-straight line. What’s more, field sobriety test results are subjective, and many factors can influence a law enforcement officer’s opinion of what he or she sees.

The case of Larry Davis serves as a reminder that DWI arrests can be made in error. Drivers who are charged with DWI should fight back, because it is possible that some type of error was made during their investigation and arrest. An experienced Texas DWI Defense Attorney can help you present your best defense against DWI charges. Call the office of Jack Pettit, Attorney at Law today, at 214-521-4567, to learn more.


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