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The DWI eye test is called the Horizontal Gaze Nystagmus. This is the first of the three "standard" DWI tests. During this test an officer might have a pen-light or might use a finger illuminated by a flashlight. The officer will move the light or the finger to the left and right. The purpose of the test is to see if there is any involuntary jerking of the eye. There…

One of the most common questions asked about DWIs is for information about the DWI Tests. There are three "standard" tests police officer have you perform during a DWI investigation. These three tests are: HGN ("eye" test), Walk-and-turn (walking test), and One-Leg Stand. There are other tests that police sometimes use, but they are non-standardized tests. However, even the "standardized" tests are plagued with issues. What are the DWI Tests?…

How can you Suppress a DWI Blood Test? "Can you get a DWI Blood Test thrown out?" is a very common question in Texas DWI Defense. While most people assume that a DWI Blood Test is automatically admitted, the truth is not so simple. There are various issues when it comes to DWI Blood Tests. Perhaps the person drawing blood performed the blood draw incorrectly. Or, maybe the seals on…

While most think that a DWI is just another criminal charge, the truth is that DWI is a highly technical area of the law. A DWI case contains many technical issues such as the DWI blood draw or DWI breath test, to name a couple examples. Can a Criminal Defense Lawyer Defend a DWI the same as a DWI Lawyer? While a regular Criminal Defense Lawyer might know how to…

At the Coffey Firm, we understand that sealing a DWI is still a "fake" measure. A Deferred Adjudication DWI is still a "conviction" if you get another DWI. The government can still see sealed DWIs at all times. Our main goal is to avoid a DWI if possible, including fake dismissal DWIs. The Coffey Firm will fight to get, and keep, a DWI off your record. A very common question…

Some initial questions: I thought DWI blood tests were automatically admitted? Isn't blood testing the gold standard? The answer to both is NO. A judge or jury may disregard DWI blood tests. When it comes to scientific evidence, there are many factors that a court needs to consider when determining the reliability of a scientific theory or technique. While these factors apply to both civil and criminal cases, these factors…

Life insurance is very important to ensure that loved ones have some security in case the worst happens. But, did you know that a DWI conviction might negatively impact your ability to obtain life insurance? While there does not seem to be any law stating life insurance consequences of a DWI, many life insurance companies tend to make obtaining a policy difficult with a DWI on a person's record. For…

One of the most common bases for a traffic stop leading a DWI arrest is failure to use a signal. While it is a relatively minor offense, keep in mind that police only need a single reason, no matter how minor, to have reasonable suspicion to make a stop. Reasonable suspicion requires articulable facts that indicate that a person is, was, or will be involved in criminal activity. Though small,…

Despite the title “driving while intoxicated”, the law really only requires what it calls “operation” while intoxicated. This is one of the main reasons why there is plenty of confusion when police make a DWI arrest on a person sleeping in their car (for example). In other words, there is no actual “driving” requirement for DWI stops! Can you believe the law allows something so ridiculous?! What is Operation? The…

Everyone makes mistakes. What makes an arrest so scary is the unknown and the shame. An arrest feels like society plastered your name on a billboard or aired it on the news (sometimes it is). The embarrassment of having our family, friends, neighbors and coworkers know about an arrest feels unbearable. The Coffey Firm understands this. Outside of the fear of the unknown, the grief of letting others down is…