How to Beat a DWI Trial
Unlike other DWI/DUI attorneys, who misrepresent themselves as “experts” on DWI laws and the science of breath and blood testing, Houston attorney Mark Thiessen has the experience, courtroom skills and scientific knowledge an actually wins DWI trials. If you are arrested for a DWI, it is essential that you contact a DWI attorney who can help save your Texas driver’s license and fight for your freedom. Mark Thiessen is that attorney, and provides the best possible representation in DWI cases.
The Criminal and Civil Case Against You
When you are arrested for a DWI in Harris County, you actually have not one but, two cases against you: the criminal case charging you with DWI, and a civil case to suspend your driver’s license. It’s important to know you have just 15 days from the date of your DWI arrest to request an ALR hearing to prevent losing your driver’s license. This is another reason why it’s important for you to contact a qualified DWI defense attorney, like Mark Thiessen, as soon as possible after your arrest.
What Happens When You Are Arrested for DWI
Remember, in Texas, the legal definition of intoxication is having a blood alcohol content of 0.08 or higher and/or losing the normal use of your mental or physical faculties due to the use of alcohol, a controlled substance, or any combination of two or substances. This is one of the reasons why we strongly discourage people to refuse a breath test if they are arrested for DWI. The State will try and suspend your license for at least 180 days for a refusal, and only 90 for a breath test failure. The breath test machine (Intoxilyzer 5000EN) is a hunk of junk. And breath test results are relied upon or trusted less than blood tests by jury.
In order to win your DWI trial, Thiessen and his team will request the following from the police:
Offense report — The offense report is the report the arresting officer writes describing the arrest. Thiessen and his team will go through the report with you to determine the reasonable suspicion for why you were pulled over and analyze whether that reason is legal. Then, examine the probable cause for your arrest, which includes any Standard Field Sobriety Sests (SFSTs) performed (by the way, you can refuse to do these tests). Lastly, we will examine whether you have any medical conditions that could have affected your performance.
Video — Smile! Most likely you were arrested on camera. The arresting officer must produce the video tape. The video will allow us to view your arrest and discuss with you the pros and cons of your performance. In most cases, the jury will see the video. If there is no video, we will subpoena the arresting officer’s vehicle maintenance records to discover why there isn’t.
Breath Test Score and Blood Test Results —Only about five percent of defense attorneys can win a breath test trial and only about one percent can win a trial when a blood test is admitted as evidence. If a breath test score is admitted as evidence at your DWI trial, Mark Thiessen will explain to the jury all of the issues with the specific breathalyzer machine, many of which are outdated and in need of replacement. We also maintain detailed records on breath test results on all current breath test machines. In the case of a blood test, he is one of a few DWI lawyers in Houston who understands and teaches on the science of blood testing, and where problems occur in the process. Remember that one percent statistic we quoted? Thiessen has won numerous blood test trials where blood was introduced as evidence. (see our website for a list of all not guilty verdicts and case summaries)
What is Reasonable Doubt
The State of Texas has the burden of proving you were intoxicated at the time of driving Beyond a Reasonable Doubt. Thiessen is well versed at introducing reasonable doubt to a jury and exposing the reasonable doubt that already exists in the facts. But what exactly is reasonable doubt?
Beyond a reasonable doubt is the absolute highest standard of proof. That standard must be met by the prosecution’s evidence and prove that nothing else can be derived from that evidence except that the defendant committed the crime they are charged with. What is less than “a” reasonable doubt: no reasonable doubt. Mark Thiessen and the team at Thiessen Law Firm will present the truth to the jury, which often reveals holes in the State’s evidence, inconsistencies in the reporting of the arrest, and flaws in the science used to determine whether or not you were intoxicated in the first place.
Houston DWI Defense
Have you or someone you know been arrested and charged with a DWI or related offense? Then contact Houston DWI Attorney, Mark Thiessen, and the team at Thiessen Law Firm for a free consultation. You can contact us by phone at (713) 999-3959, or use our online form. We are dedicated to fighting for your rights and your freedom.