Drinking and Driving
TRIAL EXPERIENCED DWI ATTORNEY IN DALLAS and SURROUNDING COUNTIES (Tarrant, Collin, Ellis and Denton)
Kirk is an experienced, knowledgeable DWI Attorney in Dallas County. You won’t find a more aggressive criminal defense attorney to defend your DWI case or other alcohol related offenses, or one with a better success rate than Kirk F. Lechtenberger.
In a driving while intoxicated (DWI) trial, I dissect DWI’s with scientific precision because, though I practice all criminal law and alcohol related offenses, I’m trained in and specifically emphasize driving while intoxicated (DWI) defense. I have the expertise that you need to get the best DWI representation possible.
- Offense Report
We will get the Offense Report at the first court date and sit down with you and show you the contents. There are many ways around a DWI conviction. Why were you pulled over? Is that reason consistent with the current case law? Next, who is the officer? Is he DPS or a DWI Task Force Officer or is he an inexperienced patrolman who is going to crumble on the stand? What Standard Field Sobriety Tests did you perform? Did you have any prior mental or physical injuries?
We will request the video of the arrest. It is up to the officer to turn in the video tape, if there is one. If there is not a video, we will subpoena his patrol vehicle’s maintenance records and figure out why there was not. If there is a video, we will watch it and ask that you do as well. Then, together, we can discuss the pros and cons of contesting what is on the video. Are we able to suppress the video? Usually not. But we can suppress portions if they violate the law.
We will also secure the station video and see how you looked when you were booked. Again, we will discuss the pros and cons of using this video and weigh out our options.
- Breath Test Score
Only about 5% of attorneys are capable of trying a breath test case with a chance of winning. Kirk F. Lechtenberger is trial tested and proven. And since he’s also an honest lawyer, you must know that he will need a good video to beat a high breath test. If you had a low breath test, Kirk F. Lechtenberger can usually educate the jury on all of the problems with the breathalyzer machine and the acceptable ranges of error in order to explain the reading. The Intoxilyzer 500EN is outdated and in need of replacement. Many states have already abandoned the machine and moved on the better or newer models..
- Blood Test Results
Less than 1% of criminal attorneys can win a blood test trial with the blood being admitted into evidence. Kirk F. Lechtenberger has won blood test trials where the blood comes in to evidence and the jury returns a verdict of Not Guilty. Anyone can win a trial with the blood suppressed. The science is based on gas chromatography, mass spectrometry gas chromatography or enzymatic assay testing, and is highly scientific. Kirk F. Lechtenberger is one of the few Dallas DWI lawyers who can explain to you in terms that you can understand and can convince a jury of the unreliability of the machine and the program. Only a skilled and knowledgeable DWI trial lawyer will not only challenge the four corners of the warranty and the chain of custody with the blood, but will also know how the science works and where problems arise in that process.
HOW DO YOU WIN A DWI TRIAL?
Few lawyers have learned to win DWI trials on a regular basis. DWI is one of the hardest cases to try because it is an opinion crime. The definition of intoxication is not having the normal use of your mental or physical faculties, or having a blood alcohol concentration of 0.08 or higher.
A skilled DWI trial attorney will systematically weave a thread of doubt throughout the entire case, demonstrating to the jury everything that occurred leading up to, during and after the arrest. The police and district attorney only focus on the negative aspects of your police interaction. We give the jury ALL the information they need to follow the law. The State must prove you guilty beyond a reasonable doubtand it is their job to do so. Our job is to reveal the truth to the jury, even if it prevents the district attorney from completing their mission. When Kirk F. Lechtenberger is representing you, very rarely can or does a jury decide guilt beyond a reasonable doubt based on an officer’s opinion that you lost your normal mental or physical faculties.
If the State has a breath or blood test, your case might become more difficult, but a fair jury will still follow the law and find you not guilty. The State must prove that your BAC is accurate and reliable. Kirk F. Lechtenberger has rarely met a district attorney with enough knowledge and understanding of the Intoxilyzer machine and infrared spectroscopy to be able to convince a jury upon the reliability of the results. Blood is more difficult to defend than breath and, again, few DWI defense attorneys understand the science, and even fewer district attorneys understand blood. It is absolutely crucial that you hire a blood or breath DWI trial attorney such as Kirk F. Lechtenberger.
“OTHER DWI ISSUES”
DRUG RECOGNITION EVALUATIONS (DRE)
A person may be intoxicated by a variety of substances including: alcohol, prescription medication, illegal drugs, over the counter medication or any combination thereof. So, if you look intoxicated and blow a 0.000, you are still not going home. Blowing a 0.000 is the first step of the 14-step Drug Recognition Evaluation where the officer tries to allege that you are intoxicated by something other than alcohol. You are going to need a skilled attorney who is familiar and comfortable in all aspects of a DRE.
FELONY DWI / THIRD OFFENSE
The third felony DWI is no different than preparing and attacking a first DWI. But the biggest difference occurs at jury trial. The first thing the jury hears is that you already have two DWIs. It is a tough—but not impossible—stain to overcome. Much more is at risk in felony court, but if your case is good, there is no reason you should be prevented from professing your innocence even though you admitted guilt twice before.
MANDATORY BLOOD DRAWS
The newest litigation surrounds blood testing, mandatory blood draws, forced blood draws and “no refusal” weekends. I agree that the previous are a violation of your personal rights; however, the Texas Supreme Court has allowed all four of these DWI deterrents.