TEXAS v. G.B.

Client was a first time offender that initially entered into the DWI Pretrial Intervention Program (DWI PTI), but was terminated from the program for testing positive for marijuana and having positive blows for alcohol in his ignition interlock device.  Client decided to exercise his right to a jury trial after being terminated from PTI.  Client was pulled over for speeding coming from a bar at 4:20am and admitted to consuming five 16oz. beers and one shot of whiskey.  Client did well on the field sobriety tests and consented to a breath test that came back at a 0.097 one hour after the stop.  The State’s breath expert testified that my client’s breath alcohol content would have been at a 0.12 at the time of driving.  We were able to point out the bias of the field sobriety tests and the fallacies of the breathalyzer.  Ultimately, the Jury did the right thing and returned a verdict of not guilty in 36 minutes!