Successful DWI and DUI Cases
Although only a sampling of our trial victories (dismissals and reduction in the charges have been omitted), these are real cases with real results. As you can tell, our clients come from all walks of life with one goal in common, finding a lawyer who can successfully represent them. All of these cases were very difficult to win, but our hard work and dedication paid off for our clients. All of these clients would have faced severe drunk driving penalties if convicted, many of which would have been put in jail. But, as a result of our work, all of these arrests were expunged from their records. This means that no law enforcement agency or District Attorney will ever know, or be able to find out, that the initial arrest or trial ever occurred.
Proven Results
- Kevin, who blew a .229, was pulled over for failing to maintain a single lane of traffic and almost striking a curb as he drove down Harry Hines.
- Eric, a football coach, blew a .172 after he was pulled over for making an illegal U-turn on Greenville during the hours when U-turns are prohibited.
- Ralph, an international businessman, blew a .169 and urinated in front of the officer after being pulled over for speeding in his Jaguar.
- Rebecca, a Wedding Planner who blew a .156, was pulled over for speeding through the DFW airport.
- Chris, an oil well explorer, blew a .155 after being pulled over in his Corvette for weaving on 114.
- Chris, a pharmaceutical Sales Rep, was leaving Lake Texoma while towing his Baja over the 4th of July weekend and blew a .146 when arrested for his 2nd DWI.
- Kevin, whose Breath Test result was a .123, was pulled over for driving 78/60 on Central Expressway.
- Matt blew a .121 and was involved in an accident.
- Leslie, whose Breath Test result was a .109, was pulled over for speeding and straddling the shoulder line after leaving an 8-hour work dinner.
- A businessman was accused of his second DWI and admitted to being drunk on the video.
- A Hispanic janitor caused an accident after failing to yield to oncoming traffic.
- An off-duty UPS driver was arrested for DWI after a citizen called 911 to report his poor driving.
- A retirement plan specialist was driving almost 30 mph over the speed limit and failed to pull over when first signaled by the police.
- A sales representative was charged with his second DWI after driving 20 mph over the speed limit.
- A paralegal for a downtown law firm was driving 55 mph in a 40 mph zone.
- A computer expert spent an evening at a gentlemen’s establishment and wrecked his car on the way home.
- Corey, who was on felony probation for assaulting a Police Officer, was driving a Hummer (H1) 76/55 down the highway.
- Brian was pulled over on suspicion of being involved in a Hit and Run accident.
- John, who works in the oil industry, was leaving Stan’s Blue Note after a night with friends when he was observed stopping his car in the middle of an intersection after running a stop sign in the M-Streets.
- John was charged with a Felony DWI for being involved in an accident with his 4 children in the van, all of which were under 15 years of age.
- Mike was stopped in Dallas for running a stop sign.
- Lane made a wide turn without signaling and was observed weaving before being pulled over by an officer who saw two open beer cans in the center console of her car.
- Eric was pulled over after a citizen called 911 due to his poor driving.
- Victor, a Hispanic male, was stopped by an Irving police officer and immediately arrested for changing lanes without signaling.
Kevin, who blew a .229, was pulled over for failing to maintain a single lane of traffic and almost striking a curb as he drove down Harry Hines.
A witness told the officer he was driving all over the road. It took him over 2 minutes to find his driver’s license in his wallet. He gave the officer a paycheck stating it was his insurance card. He had a heavy circular sway when standing. During the Walk and Turn, he lost his balance twice, missed heel to toe 13 times, took the wrong number of steps, and stumbled away from the line. On the One Leg Stand Test, he put his foot down 3 times in 13 seconds so the test was stopped for his safety.
Verdict: NOT GUILTY
Eric, a football coach, blew a .172 after he was pulled over for making an illegal U-turn on Greenville during the hours when U-turns are prohibited.
Eric was pulled over for an illegal U-turn on Greenville and pulled over into the What-A-Burger parking lot. The officer observed blood shot eyes, and a strong odor of alcohol. He asked Eric to step out of his truck and saw unsteady balance. Eric failed the eye test, which also indicated he had a high amount of alcohol in his system. During the Walk and Turn test, Eric could not maintain his balance during the instruction phase and started the test too soon. He stopped to steady himself and used his arms for balance. He walked the first 9 steps as instructed, but walked the second 9 steps backwards, which was not how he was instructed. He then blew a .172.
Verdict: NOT GUILTY
Ralph, an international businessman, blew a .169 and urinated in front of the officer after being pulled over for speeding in his Jaguar.
An international businessman and ancient artifact collector left Deep Ellum with his wife in his Jaguar. He passed a police officer who pulled him over for speeding. The officer testified that my client had poor balance, a strong odor of alcohol on his breath, failed the Eye Test, failed the Walk & Turn Test, failed the One Leg Stand Test, and could not say his ABC's correctly. My client then urinated on the ground in front of the officer. He took a Breath Test and the machine recorded a .169, which is over twice the legal limit.
Verdict: NOT GUILTY
Rebecca, a Wedding Planner who blew a .156, was pulled over for speeding through the DFW airport.
Rebecca was driving home through DFW airport and was pulled over for driving 50/35. Initially she did not respond to the officers’ emergency lights and just kept driving. Once stopped, it took her a bit of time to find her driver license. The officer smelled alcohol so he decided to have Rebecca perform some sobriety tests. She failed the Eye Test. On the Walk and Turn Test, she could not keep her balance during the instructions, started too soon, lost her balance while walking, turned incorrectly, stopped to steady herself and did not touch heel to toe on all steps. On the One Leg Stand, she swayed while balancing, put her foot down too soon and used her arms for balance. She then blew a .156. At trial, because of my investigation, I was able to get the State Breath Test Expert to agree that there was a problem with the breath machine, and they would not sponsor the breath results. There were other citizens who blew into this machine and charged with DWI, and the State never informed any of them.
Verdict: NOT GUILTY
Chris, an oil well explorer, blew a .155 after being pulled over in his Corvette for weaving on 114.
A geological oil well explorer was driving his Corvette down 114 and weaved onto the shoulder. The officer followed my client with his mobile video camera capturing everything. My client changed lanes without signaling, and the officer pulled him over. The officer testified my client had difficulty exiting his car, smelled of alcohol, failed the pen test, failed the walk & turn test, and failed the one leg stand test. My client took a breath test and the machine recorded a .155, which is almost twice the legal limit. At the hearing on the suspension of the driver's license, the officer testified (under oath) that he turned off his overhead strobe lights, which is a requirement to successfully perform the pen test, and he could not remember any adverse weather conditions. The mobile videotape showed that the officer left his overhead lights on and that it was windy and cold (the officer would not allow my client to put on his jacket). After being confronted with the transcript of his prior testimony that obviously was incorrect, misleading, and just plain false, he admitted to testifying incorrectly under oath.
Verdict: NOT GUILTY
Chris, a Pharmaceutical sales rep, was leaving Lake Texoma while towing his Baja over the 4th of July weekend and blew a .146 when arrested for his 2nd DWI.
A trooper pulled him over for making an unsafe turn and failing to drive in a single lane. The Eye Test was discontinued due to an eye problem. On the Walk and Turn Test, he missed heel to toe, stopped while walking, took the wrong number of steps, and he swayed while balancing on one foot during the One Leg Stand Test. He blew a .146 into the Portable Breath Test. The jury was selected and after a hearing on the admissibility of the Portable Breath Test, the DA dismissed the case!
Verdict: NOT GUILTY
Kevin, whose Breath Test result was a .123, was pulled over for driving 78/60 on Central Expressway.
This was his second DWI in 2 years. He failed the Eye Test and had signs of intoxication on all other tests administered.
Verdict: NOT GUILTY.
Matt blew a .121 and was involved in an accident.
He failed the eye test. During the One Leg Stand Test, he put his foot down 4 times, used his arms for balance, and hopped. On the Walk and Turn Test, he could not maintain his balance in the instructional position, failed to count out loud as instructed, and missed heel to toe on the remaining 9 steps.
Verdict: NOT GUILTY
Leslie, whose Breath Test result was a .109, was pulled over for speeding and straddling the shoulder line after leaving an 8-hour work dinner.
She first stated that she was probably intoxicated before subsequently denying that she was. The Officer testified that her balance was swayed, unsteady, and that she needed support. He testified that she walked in a swayed, unsteady fashion and that her eyes were bloodshot and watery. She failed the Eye Test. On the Walk and Turn Test, she could not keep her balance during the instructions, started too soon, did not walk heel to toe, stepped off the line, and turned incorrectly. During the One Leg Stand Test, she put her foot down, swayed while balancing, hopped, and used her arms for balance. Even though she tried multiple times, she was unable to provide a sufficient sample of her breath in the Portable Breath Test device. The officer testified Leslie was purposely not blowing into the device.
Verdict: NOT GUILTY
A businessman was accused of his second DWI and admitted to being drunk on the video.
A businessman employed by the GAP was accused of his second DWI when a police officer attempted to pull him over for speeding and running a stop sign. The officer followed him with his lights and sirens on as my client took a very long time to pull over, eventually parking in front of his house. After being removed from his truck, he failed the Walking Test, One Leg Stand Test, and the Eye Test. The officer testified that my client had a strong odor of alcohol on his breath and had slurred speech. When asked if he was drunk, my client said "yes." This all was recorded on mobile videotape.
Verdict: NOT GUILTY
A Hispanic janitor caused an accident after failing to yield to oncoming traffic.
A Hispanic janitor was driving home and failed to yield to oncoming traffic and turned in front of a truck, causing a major accident. My client got out of his convertible mustang and began throwing beer cans out. The driver of the truck involved in the accident spoke with my client and testified that he was "drunk" at the scene. A police officer of 13 years testified that my client failed the Eye Test, Walk and Turn Test, One Leg Stand Test, had a strong odor of alcohol coming from his breath, had slurred speech, and in the officer’s opinion, was intoxicated.
Verdict: NOT GUILTY
An off-duty UPS driver was arrested for DWI after a citizen called 911 to report his poor driving.
A UPS truck driver was charged with DWI when he was off duty, and a conviction would have resulted in him being fired from work. A citizen called 911 and reported my client’s poor driving, thus resulting in the police pulling him over. The officer testified that my client had a strong odor of alcohol on his breath and failed all sobriety tests given. The prosecutor called an expert on alcohol to talk about how alcohol affects your mental and physical faculties. After my thorough cross-examination of this expert, he testified that at the time of driving my clients blood alcohol level would have been 0.03, which is under half the legal limit. The State's expert then admitted that in his professional opinion, he would not have expected to see any impairment of my client at a 0.03.
Verdict: NOT GUILTY
A retirement plan specialist was driving almost 30 mph over the speed limit and failed to pull over when first signaled by the police.
A retirement plan specialist was driving 63 mph in 35 mph zone on N.W. Highway when the officer turned his lights and sirens on and my client failed to pull over. My client then entered the entrance ramp to 75 South at almost 40 mph (it is a soft 90-degree turn) and almost hit the retaining wall as it overlooks 75. As he exited 75 at Lovers Lane, he stopped his car where the exit ramp and feeder road meet for approximately 10 seconds. The officer testified this was extremely dangerous. He then pulled over to the curb. The officer testified that my client failed the Eye Test, Walk and Turn Test, One Leg Stand Test, the Counting Backwards Test, and could not say his ABC's correctly. Because of my thorough investigation, I was able to get the officer to admit on the stand that some of his prior testimony was not true, and that he had testified under oath incorrectly before!
Verdict: NOT GUILTY
A sales representative was charged with his second DWI after driving 20 mph over the speed limit.
A regional sales representative for Wal-Mart was charged with his second DWI when the officer observed him driving 20 mph in a 40 mph zone. My client was weaving in and out of his lane. Once pulled over, he had difficulty getting out of his car, difficulty walking to the sidewalk, slurred speech, blood shot eyes, and breath smelling of alcohol. He failed the Eye Test, could not say his ABC's correctly, could not count backwards correctly, failed the One Leg Stand Test, and was not asked to perform the Walk and Turn Test due to his poor balance. The officer testified for the State on the first day of trial. He testified to many aspects of the case that were contrary to his personal DWI manual, which he was trained from. I ordered the transcript of his examination and picked it up from the Court Reporter at midnight! I thoroughly went through the transcript that night, picking out each and every statement that was inconsistent and contrary with his manual in preparation for the second day of trial. The cross-examination lasted for hours, and the jury seemed perplexed as to why the officer’s testimony contradicted his DWI manual.
Verdict: NOT GUILTY
A paralegal for a downtown law firm was driving 55 mph in a 40 mph zone.
She passed a police officer, weaved into the right lane then into the left turn lane, barely missing the median as the turn lane ended. The officer activated his overhead lights and pulled my client over in the Yucatan bar parking lot. The officer testified my client had poor balance, blood shot eyes, breath smelling of alcohol, failed the Eye Test, failed the Walk and Turn Test, and failed the One Leg Stand Test. I took photographs of the parking lot, which is shared by a rock & gravel company. The photographs showed pebbles and small rocks all over the parking lot. The officer could not remember exactly where he gave my client the field sobriety tests, but said he did remember taking her to a portion of the parking lot that did not have any rocks on it (did he think anyone would believe that?).
Verdict: NOT GUILTY
A computer expert spent an evening at a gentlemen’s establishment and wrecked his car on the way home.
A computer expert was out at a gentlemen’s establishment drinking. He left and went to his office, where he continued to drink as he worked. On his way home driving north on highway 75, he missed his exit ramp, but managed to hit the exit ramp sign and two light poles. A witness approached his truck to see if my client was alright, and when he got even with the passenger side window, my client drove one more block, driving over a curb and hitting a cement post. The witness testified that my client looked drunk when the police were speaking to him outside of his truck. The police officer testified that my client was unsteady on his feet and he had to use the truck for balance; his eyes were blood shot; and his breath smelled of alcohol. The officer further testified that my client appeared very intoxicated. He stated that my client's airbag had deployed, and that he had not received any training on how an airbag could affect one's balance. My client refused all Field Sobriety Tests.
Verdict: NOT GUILTY
Corey, who was on felony probation for assaulting a Police Officer, was driving a Hummer (H1) 76/55 down the highway.
He had a strong odor of alcohol, very bloodshot eyes, very slurred speech, unsteady balance and an unsteady walk. He failed the Horizontal Eye Test and the Vertical Eye Test (which means a high amount of alcohol was present). No other tests were given due to an alleged back injury. Corey would have been sent to Prison if convicted. This was his second DWI.
Verdict: NOT GUILTY
Brian was pulled over on suspicion of being involved in a Hit and Run accident.
He drove over a curb pulling into the parking lot. He admitted to 4 beers and then changed it to 5 beers. The officer testified that he had unsteady balance, an unsteady walk, slurred speech, and had bloodshot, watery eyes. Bryan refused to do any Field Sobriety Tests and was arrested.
Verdict: NOT GUILTY
John, who works in the oil industry, was leaving Stan’s Blue Note after a night with friends when he was observed stopping his car in the middle of an intersection after running a stop sign in the M-Streets.
The officer smelled a strong odor of alcohol coming from the car as he approached. John failed the Eye Test. Throughout the Walk and Turn Test, he lost his balance during the instruction phase 2 times, started too soon 3 times, missed heel to toe on every step with approximately 1 foot in between steps, used his arms for balance, and turned the wrong way. On the One Leg Stand Test he used his arms for balance, had heavy circular sway, hopped on his right foot, and placed his left foot down 3 times. The officer stopped this test. I, along with George, represented John. The arresting officer told me after the trial that other lawyers who saw both George and I representing John that he had “hired the Dream Team.” The Officer and Prosecutor both felt it was a waste of time to go to trial. Verdict: NOT GUILTY
Verdict: NOT GUILTY
John was charged with a Felony DWI for being involved in an accident with his 4 children in the van, all of which were under 15 years of age.
His children were transported to the hospital with injuries. John failed the Eye Test, and admitted to two 22 ounce glasses of wine within 30 minutes of the accident, all of which was recorded on video at the scene. He even showed the officers the box of wine he had been drinking from, which was in the back of the van.
Verdict: NOT GUILTY
Mike was stopped in Dallas for running a stop sign.
He failed the Eye Test and at times forgot to follow the officer’s pen. During the One Leg Stand test, he put his foot down 3 times and had side-to-side sway. The Walk and Turn Test was not given due to a toe injury. Mike agreed to take a Breath Test only if his Doctor was present during the administration of the test. He told this to the officer over 20 times. The Officer testified he refused. The Officer testified that speeding and running a stop sign was not normal (I guess I never drive normal then!). Further, he testified that Mike had slurred speech and glossy eyes, even though there was no mention of this on the video or in the offense report. The Officer also could not distinguish between normal and non-normal sway on the One Leg Stand Test, and he could not define what he meant by “unsteady balance.”
Verdict: NOT GUILTY
Lane made a wide turn without signaling and was observed weaving before being pulled over by an officer who saw two open beer cans in the center console of her car.
The officer smelled a strong odor of alcohol. Lane stumbled out of the car and had to use the door for support. She said she had 1 beer at home and 3-4 more at the bar. Lane weighs about 110 lbs. The Officer testified that Lane had a swaying balance and swayed while she walked. She had slurred, thick-tongued speech and bloodshot eyes. She failed the Eye Test. On the Walk and Turn Test, she stopped to steady herself, did not walk heel to toe, stumbled on her turn, and took the incorrect number of steps. On the One Leg Stand Test, she swayed while balancing and used her arms for balance. At one point, she began to clap her hands stating she could do the test if given the chance to do it again. She even offered to do a debutant bow for the officer. She refused a Breath Test stating, “Well, then they will have evidence.” She was also concerned that the DWI would show up on her credit report.
Verdict: NOT GUILTY
Eric was pulled over after a citizen called 911 due to his poor driving.
He was found Not Guilty on his 1st DWI. He hired me again for his 2nd DWI. His body was covered with food and drink, and his pants were unzipped. His girlfriend was in the passenger seat. The officer ran his criminal history. Even though he was found Not Guilty of his 1st DWI, the officer wrote his report stating that Eric had been convicted. He failed the Eye Test, moving his head 4 times even though he was instructed to keep his head still. During the One Leg Stand Test, he put his foot down 1 time, used his arms for balance, and swayed while balancing. After the count of 9, he began to count normally, not by 1000’s as instructed. During the Walk and Turn Test, he was unable to keep his balance during the instructions, did not walk heel to toe (approx. 5 inches between steps), used his arms for balance, and made an improper turn. He mumbled the ABC’s, attempting them 4 times and when unable to complete them stated, “You’re kidding; I know the alphabet.” During the Back Lean Test, Eric exhibited noticeable sway that the officer testified was excessive. The officer further testified that in general, Eric’s balance and walking were “unsure,” his speech was “confused,” and he was overly “talkative."
Verdict: NOT GUILTY (for the 2nd time)
Victor, a Hispanic male, was stopped by an Irving police officer and immediately arrested for changing lanes without signaling.
Even though you can legally be arrested for such an offense in Texas (I am not kidding), in my opinion, Victor was profiled because of his race, period! He admitted to drinking about a 6-pack, and the officer saw an open beer in the car. He had a strong odor of alcohol on his breath, and his eyes were very bloodshot and glassy. When asked to perform Field Sobriety Tests, he stated, “I’m not going to waste your time.”
Verdict: NOT GUILTY
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