Why DWIs are different than other criminal defense cases

Even though many first time DWIs are “just” misdemeanors, they are actually some of the most complicated criminal defense cases from a scientific perspective. The reasons include:

Standardized field sobriety tests (SFSTs): These are the police balance tests. In almost every DWI case, an officer will ask the suspect to perform a series of tests. Three of these – the horizontal gaze nystagmus, the walk-and-turn, and one leg stand – were developed by the National Highway Transportation Safety Administration (NHTSA), and are “standardized,” meaning that they are based on research (many of which is outdated and flawed – but that is another story), and they should be done the same every time. If they are not done the same every time, caselaw says that the tests can be “suppressed” and thrown out of court. But suppressing DWI tests requires an attorney to have an intimate understanding of how the tests should be correctly administered.

For example, the horizontal gaze nystagmus test, which is easily the most difficult to administer correctly, requires a certain number of passes at a certain speed, and a certain number of “clues” that the officer must observe to come to the conclusion that a suspect “failed” the test. Any experienced DWI trial will tell you that it is extremely common for officers to incorrectly administer this test. Houston DWI lawyer Jose Ceja has gotten the DWI test suppressed in trial after trial.

Traffic Stops: Other than cases involving an accident, almost every DWI case will involve a traffic stop. The law that addresses traffic stops is called the law of search and seizure. One of the best ways to beat a DWI case is to argue that the traffic stop was bad. The Constitutional rule of “exclusion” says that if the stop is bad, then the State is prohibited from using any evidence gained as a result of the stop. When a DWI attorney achieves this, it will almost always result in a dismissal. But again, knowing the law of traffic stops, and how to present a bad stop in court, are two specialized skills that DWI lawyers should possess.

Breath and Blood Testing: The most obvious way that DWIs are unique is breath and blood alcohol testing. For a novice attorney, chemical tests can be overwhelming. DWI attorneys can spend an entire career and thousands of dollars mastering the “science” and – more importantly – the shortcomings of infrared spectroscopy (breath test) and headspace gas chromatography. Being able to interpret maintenance records, for example, takes practice, education and patience.

If you have been arrested for Driving While Intoxicated you need an experienced DWI attorney to get the best possible result. DWIs are much more technical and scientific than many criminal cases. Attorney Jose Ceja has handled hundreds of DWIs and has a proven track record of obtaining dismissals and not guilty verdict for his clients, even in cases of accidents, “failed” balance tests, and high breath or blood tests. 

Houston DWI lawyer Jose Ceja believes attorneys should attack a DWI case from every angle, including the stop, the administration of balance tests, the arrest, and the reliability of the breath or blood test. Mr. Ceja is a former prosecutor with extensive experience in the law of traffic stops and search warrants, and has spent hundreds of hours studying the science of breath and blood testing. Mr. Ceja is also certified to administer police balance tests (SFSTs).

Mr. Ceja is highly rated in DWI cases and is a superb choice if you or someone you care about has been arrested in the Greater Houston area. Call or text 713-568-5380 to schedule a free consultation to learn more.