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By Benson Varghese

Last Updated: June 13th, 2022 at 8:47 AM
Published on: June 20th, 2018 at 8:44 AM

Fort Worth DWI Lawyer Benson Varghese walks you through how his law firm beats DWI cases in Tarrant County and North Texas in the video below.

Driving While Intoxicated Defense

Being charged with Driving While Intoxicated in Fort Worth, or anywhere in Texas, does not require an allegation that the driver intended to get behind the wheel while intoxicated. As a result, DWI charges are common. Our Fort Worth DWI lawyers have defended individuals from every walk of life who were arrested for a DWI – doctors, lawyers, pilots, nurses, firefighters, barbers, plumbers, even elected officials. If you or a loved one has been arrested for a DWI in or around Fort Worth, then this article is for you.

Why should you listen to us?

Before we get started, let’s talk about why we are an authority on DWIs, and in particular, DWIs in Tarrant County. First and foremost, we have tried more DWI cases to juries than almost anyone you’ll meet. The firm’s partners have tried over 300 DWI, Intoxication Assault, and Intoxication Manslaughter cases to juries in Tarrant County. To understand how adept we are at challenging evidence, it’s important to realize that 98 percent of DWI cases in Fort Worth are resolved through pleas. If there’s a weakness in a case, we will find it and leverage it for the best possible outcome. There’s no substitute for real-world trial experience when it comes to defending a case. The prosecutors know as soon as we walk in, we’re coming in with vastly more experience than they have.

Take this result for example. You’d be hard-pressed to find a Not Guilty on a higher blood alcohol concentration by any attorney, anywhere: .359 BAC (over 4 times the legal limit).

Not Guilty DWI

Whether your case is one we take to trial, contest in a motion to suppress, or negotiate a favorable outcome, we will be informative and transparent every step of the way. You’ll find that from our first conversation to the last, we are uniquely understanding, up-front, and talented. So let’s get to it.

What is a DWI in Texas?

A first-time DWI in Texas is, at the very least, a Class B misdemeanor, punishable by up to 180-days in jail. If you look up the definition of Driving While Intoxicated in Chapter 49 of the Penal Code, you’ll probably be surprised to see the definition makes no mention of the word “driving.” Instead, to prove a person was driving while intoxicated in Texas, a prosecutor must show the following:

  1. On or about a particular date
  2. The person accused
  3. “Operated”
  4. A motor vehicle
  5. While intoxicated.

Being “intoxicated” means:

  1. The person lacked their “normal” mental faculties due to an intoxicant;
  2. The person lacked their “normal” physical faculties due to an intoxicant; OR
  3. The person had a blood alcohol concentration of a .08 or more.

I put the word “normal” in quotes because that is not a defined term and is one reason why a case without a breath or blood specimen might be ripe for attack.

Notice that the first two definitions of being intoxicated are completely subjective, and you can be charged with being intoxicated on any substance – prescription drugs, illicit drugs, a combination of drug and alcohol, or just on alcohol alone. We’ve defended every one of these types of DWIs in Fort Worth.

How can you to get a DWI dismissed in Texas?

Our Fort Worth DWI lawyers have gotten more than our fair share of DWIs dismissed, acquitted, and reduced. The reason for this is two-fold: First, we have a tremendous amount of trial experience in DWIs. Second, we are adept at finding weaknesses in cases that other attorneys often overlook.

Outright dismissals are rare. From 2014 to 2019, there was an average of just over 5,000 misdemeanor DWI cases filed in Tarrant County each year. Of those, only about 100 cases were dismissed each year. Here are some of the top ways we’ve gotten DWI cases dismissed in Fort Worth.

How to Beat a DWI in Texas:

  • Lack of Reasonable Suspicion to Detain

    An officer has to have reasonable suspicion to stop you. Reasonable suspicion means the officer has “specific and articulable facts” that an offense has occurred. Officers sometimes get this wrong. Recently, we had a case where a driver was pulled over after not stopping before exiting a driveway at a shopping center. In this case, the sidewalk only extended on one side of the driveway, not both, which means the driver did not have to stop before leaving the parking lot. The officer got it wrong and we got the case kicked out. We have also had numerous instances in which a video negates the officer’s claimed basis for the stop.

  • Lack of Probable Cause to Arrest

    An officer has to have probable cause to arrest you. This is a common area for us to attack. Most attorneys focus only on their client’s performance on the field sobriety tests. We have, however, had a number of cases where we got the results of the field sobriety tests kicked out because the officer administered the test wrong. It’s critical to do these tests right if a judge or jury is going to rely on them. On top of that, a person’s “normal” may be different based on a number of factors including the time of day, amount of rest, and past or present medical conditions – none of which the officer is really taking into account in the field. If we can show the officer failed to properly develop probable cause to arrest you, we can get the evidence against you thrown out through a Motion to Suppress.

  • The Lack of a Breath or Blood Specimen

    It is rare in Fort Worth, but every once in a while, we will see a case where the officer failed to get a warrant when a person refused to give a breath or blood sample. These cases are perfect to be attacked because the only evidence the prosecutors have is subjective.

  • Lack of Probable Cause in the Search Warrant for Blood

    The affidavit for a search warrant for blood must also establish probable cause in order for the magistrate to allow for a blood draw pursuant to the warrant. If the warrant lacks probable cause, it can be attacked through a motion to suppress.

  • False Information in the Search Warrant

    If the officer includes false information in the search warrant affidavit, the affidavit can be contested through a Franks Hearing. This is an evidentiary hearing to determine whether the officer intentionally or knowingly – or with reckless disregard for the truth – made false statements in his or her affidavit.

  • Improper Breath Test, Blood Draw, or Lab Techniques

    We stay abreast of issues with labs, lab techs, problems with testing equipment locally, as well as testing procedures. We look for issues with the testing that could get breath or blood results kicked out – which we have done successfully on multiple occasions.

  • Intoxication at the Time – Not Later

    If the police are able to determine you were operating a motor vehicle, the police will then investigate whether you were intoxicated at the time of operation. The passage of time is the most important factor in this situation. The more time there is between tests for intoxication and the operation of a vehicle, the harder it is to determine intoxication at the time of operation. As soon as you consume alcohol, your body will start to metabolize it. Depending on what time your last drink was, what else is in your stomach, how much you had to drink, what you had to drink, how much unabsorbed alcohol was in your system, and how much time passed between your last drink and the time of driving, your Blood/Breath Alcohol Concentration (BAC) may:

      • Be higher at the time of driving than when you are test
      • Be lower at the time of driving than when you are tested
      • The same at the time of driving and when you are tested.

    Further explantion: Retrograde Extrapolation

    An experienced DWI lawyer will have access to experts in the field to determine if and how this “retrograde extrapolation” could be applied. It’s possible that you could have provided a sample over the limit even though you weren’t intoxicated when you were driving – an important distinction to make when trying to get your case dismissed.

  • Lack of Proof

    Ultimately, a DWI case in Texas may be defeated by showing the State cannot prove the accusation beyond a reasonable doubt. This is typically done through a jury trial but can also be achieved by attacking the admissibility of evidence in pre-trial hearings.

How much do you really know about those Field Sobriety Tests?

Board Certified criminal lawyer Benson Varghese breaks down the HGN (eye) test:

Client Review

Title: Couldn't Ask for More
N/A Varghese Summersett PLLC 300 Throckmorton St Suite 1650 Fort Worth TX 76102 Phone: (817) 203-2220
Description: I was charged with a DWI case. Cops pulled me over after leaving a bar, assumed I was drunk. I wasn't. Three hours later they got my blood and it was just over the limit at that point. Benson and the Varghese Summersett team fought for me until the case was finally dismissed. It was a long road, but worth it.

Rating: ★★★★★

5 / 5 stars
Fort Worth DWI Lawyer | How We Win DWI Cases [Video]
2022-06-13T08:47:40-06:00
Varghese Summersett PLLC
Varghese Summersett PLLC