DWI Files – Do you remember the first time that you got pulled over? Did you panic the entire time worrying about the repercussions that you would have to face if the officer deemed that you were doing something wrong? Do you remember the sense of relief that you felt when you made it home safely? Well, imagine that instead of letting you go, the police officer took you to jail for something that you were not guilty of. How would this make you feel? Either way, if you’re in Austin, Houston, or any Texas city, you will need a DWI lawyer.
Does this sound far-fetched? Larry Davis of Austin, Texas would be inclined to disagree. Back in 2013, this unlucky driver was arrested and charged with driving while intoxicated (DWI). Despite the fact that a breathalyzer test administered by the officer showed that his BAC, or blood alcohol concentration, levels were at 0.0%, Mr. Davis still took a trip to jail.
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DWI Files – When the incident occurred, Davis’s Buick was pulled over as part of a routine traffic stop. The officer asked him if he’d been drinking, to which Davis replied that he’d consumed a single beer earlier in the evening. Unfortunately for Davis, the officer did not believe him and, instead, insisted that he showed signs of being under the influence of alcohol. As a consequence of the officer’s belief, and even though he blew a 0.0% on the breathalyzer test and passing field sobriety tests, Davis was taken to jail where he spent the night.
When Davis’s attorney heard about the allegations, he was flabbergasted and rightly so! His client shouldn’t have been arrested following the breathalyzer test. He’d done enough to show the officer that he was indeed capable of safely operating a vehicle. But it doesn’t stop there, to prove his innocence even further, Davis willingly submitted to a blood test that came back negative.
Fast forward a year later and Davis is still fighting the DWI arrest in court. Unfortunately for him, The Austin Police force is standing by the arrest, using their “take no chances” policy as a form of defense. The arresting officer believes that Davis’s performance during the one leg stand field sobriety test was suspicious because he “needed his arms for balance. Additionally, in response to the clean blood test, they are implying that marijuana may have been in his system but that it may not have shown up on the test.
As of right now, Davis is doing what he can to wipe his arrest record clean and is planning to file a grievance against the arresting officer. Surprisingly, it seems that although the Austin Police Department doesn’t have a leg to stand on (ironically) they are standing by the arrest.
DWI Files – If you are in Texas and have been charged with a DWI, don’t take any chances; doing so may cost your money, freedom, criminal record, and your livelihood. Instead, contact a skilled and experienced DWI attorney to help with your legal defense. An attorney that has experience in this area knows how to navigate the ins and outs of the legal system so that your case has a potentially better outcome, and help you through many of the hassles that come with dealing with this type of issue.