Brian Foley and Luis Baez are experienced criminal defense attorneys who defend clients against driving while intoxicated (DWI) charges in Texas. As former members of the vehicular crimes team, a unit which specializes in DWI offenses, they have a deep understanding of the laws and penalties surrounding this serious crime.

In Texas, a person commits an offense if they are found to be operating a motor vehicle while intoxicated in a public place. According to Texas Penal Code Section 49.04, a first-time DWI offense is generally considered a Class B misdemeanor, with a minimum term of confinement of 72 hours.

However, there are certain aggravating factors that can increase the severity of the charges. For example, if it is shown that at the time of the offense, the person operating the vehicle had an open container of alcohol in their immediate possession, the offense is elevated to a Class B misdemeanor, with a minimum term of confinement of six days.

Additionally, if an analysis of a specimen of the person's blood, breath, or urine shows an alcohol concentration level of 0.15 or more, the offense is considered a Class A misdemeanor, which carries even harsher penalties. If you have been charged with a DWI in Houston, it is important to seek the guidance of an experienced attorney who can help you navigate the legal system and protect your rights. Brian Foley and Luis Baez have a proven track record of successfully defending clients against DWI charges, and they are dedicated to providing their clients with the best possible defense.

Don't face these charges alone, contact Brian Foley and Luis Baez today to schedule a consultation and discuss your case.

Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has developed standardized field sobriety tests (SFSTs) as a tool for law enforcement officers to determine if a driver is impaired by alcohol or drugs. These tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests are designed to measure a person's balance, coordination, and ability to follow instructions, which can be impaired by alcohol or drugs.

The results of these tests, along with other evidence, can be used to establish probable cause for an arrest for driving under the influence. It's worth noting that these tests are not always accurate and an experienced criminal defense attorney can challenge the results.

Defending DWI - First Offenses

There are a variety of ways in which criminal defense attorneys can challenge DWI cases, some of which are:

1. Challenging the legality of the traffic stop: In order for an officer to pull over a vehicle, they must have a reasonable suspicion that a crime has been committed. An experienced criminal defense attorney can challenge the stop if there was no probable cause for it.

2. Challenging the results of field sobriety tests: The National Highway Traffic Safety Administration (NHTSA) has developed standardized field sobriety tests (SFSTs) to determine if a driver is impaired by alcohol or drugs. However, these tests are not always accurate and can be challenged by a defense attorney. Factors such as poor road conditions, physical disabilities or medical conditions, or the officer's lack of proper training can affect the results of these tests.

3. Challenging the results of chemical tests: Breathalyzer and blood tests are used to measure a person's blood alcohol concentration (BAC). However, these tests are not always accurate and can be challenged by a defense attorney. Factors such as improper calibration of the testing equipment, improper administration of the test, or the presence of certain medical conditions can affect the results of these tests.

4. Challenging the prosecution's evidence: An experienced criminal defense attorney will review all of the prosecution's evidence and look for any inconsistencies or inaccuracies. They will also work to identify any weaknesses in the prosecution's case that can be used to negotiate a plea bargain or to argue for a dismissal of the charges.

5. Plea bargain negotiating: If there doesn't look like your case has a viable defense then you may still be able to get the case dismissed from your record with a pretrial intervention style probation.  From the beginning of the case this may be an option to help get you out of trouble and protect your record.