DWI

De la Paz has won hundreds of DWI cases, and is prepared to fight your drunk driving charge.

As a Former Assistant District Attorney, Brent is familiar with how strongly prosecutors pursue DWI charges against drivers. De la Paz has won hundreds of DWI cases, and is prepared to fight your drunk driving charge. We believe nothing should prevent you from securing the legal representation you deserve when facing criminal charges.

As 1 of roughly 200 individuals in the US certified in gas chromatography, or the scientific analysis of blood test results, de la Paz has virtually unmatched insight into DWI test results and the science behind your case. This experience is used to predict and pick apart the prosecutors arguments as well as help you get the outcome you deserve.

Experience winning DWI and related charges below:

Driving Under The Influence Of DrugsMotions To Suppress EvidencePenalties for DWIPlea NegotiationsBreath and blood test cases

Driving Under The Influence Of Drugs

If you have been accused of a DWI involving drugs, including any substance that impedes your normal use of your physical or mental faculties, it may contribute to DWI charges. Brent de la Paz can help you protect your freedom and your ability to drive. The Brent can ensure we have extensive experience in DWI and drug charge defense, which provides for a thorough perspective in cases involving impaired driving.
Only a few people are aware that it is in fact possible for an individual to be charged with impaired driving even if they are taking medication that has been lawfully prescribed to them. Any substance that impedes your normal use of your physical or mental faculties can contribute to DWI charges.

De la Paz’s full-service DWI defense firm has helped many drivers face drug affiliated DWI charges. De la Paz uses a variety of defenses to ensure his clients have the best possible chance of success — from challenging field sobriety tests and blood tests to questioning the validity of the traffic stop itself.

Having tried countless cases as a prosecutor and defense attorney, Brent de la Paz can efficiently identify the issues and challenges in your case, then develop a strong strategy to succeed in trial or negotiation.

Motions To Suppress Evidence

Has a police officer ever illegally arrested you or obtained any evidence against you in an illegal manner? As your Texas DWI Attorney, Brent de la Paz may be able to schedule a special pretrial hearing to suppress certain evidence. The prosecution is then prevented from using it at trial. A motion to suppress is heard several weeks before the trial actually takes place.

This particular pretrial hearing is heard only before a judge, perhaps one who will not be presiding at your trial. This type of motion is fairly technical and complicated and will probably involve cross examining the officer who arrested you.

In cases where there is a request for a breath test, always remember to politely refuse a breath sample. The police need evidence from you in order to give to the District or County Attorney. This is part of the evidence used against you. You can say no. Upon refusal your license can be suspended for up to 180 days if a judge finds that the officer had a lawful reason to stop you, a lawful reason to arrest you and your rights regarding your potential suspension were read to you before refusing.

For further information in regards to this particular case, please call (210) 465-1383 and schedule your free consultation.

Penalties for DWI

A drunk-driving charge can have very serious consequences for your future. If convicted of DWI, you may face:

  • Jail time – 1st Offense up to 180 days in jail; 2nd Offense up to one year in jail
  • Fines – 1st Offense up to $2000; 2nd Offense up to $4000
  • License Suspension – 1st Offense up to one year; 2nd Offense up to two years
  • Community Service Hours
  • Monthly Supervisory/Probation fees
  • Ignition Interlock installed in your vehicle
  • Drug and/or Alcohol counseling
  • Surcharge fees from the Department of Public safety up to $2000 per year for three years in order to avoid additional suspension of your driver’s license
  • Possible increase on your driver’s insurance
  • Possible loss of employment or denial of future employment

Plea Negotiations

Plea bargaining is a process where a criminal defense attorney and prosecutor reach a compromise, then the defendant enters a guilty plea for a reduced charge or sometimes in exchange for the promise of a reduced fine or jail sentence. Plea bargains in drunk driving cases, however are no longer as common as they were many years ago.

A prosecutor may not be as willing to enter into a plea bargain with an inexperienced defendant therefore the Law Office of Brent de la Paz will be willing to help you in this process. Don’t risk your future, call our office immediately at (210) 465-1383 and schedule your free consultation.

Breath and Blood Test Cases

Law enforcement officials and prosecutors rely heavily on breath and blood tests, but this evidence is by no means foolproof. It may be possible to cast doubts on these test results based on:

  • Defective or improperly calibrated testing equipment
  • Whether the person administering the test was qualified and properly trained
  • Elapsed time between the alleged offense and the test
  • Whether an officer had probable cause to initiate the test

Trained by Axion Labs for Forensic Chromatography:

  • With the move toward the use of blood draws in DWI/DUI cases, it is important to know the process that is used as a determining factor, and if the steps by which the result given can be duplicated. De la Paz is trained by Axion Labs for Forensic Chromatography, the same company that trains the FBI, FDA, DEA, USDA and other governmental agencies. Therefore de la Paz is able to identify whether the proper scientific method was followed correctly or wrongly.
  • Trained in the Intoxilyzer 5000
  • To provide the strongest defense, de la Paz is well-versed and trained in the mechanics of the standard alcohol breathalyzer used in measuring intoxication—the Intoxilyzer 5000 . Sample contamination is a major problem. The air in a breath sample is supposed to come entirely from your lungs, but it may also be pulled from your environment or the acids of your digestive system. The Intoxilyzer 5000 has been proven to overestimate alcohol concentration.
  • Trained in the Standardized Field Sobriety Tests

This course is 3 days long for a total of 24 hours in which they learn the exercises in determining the severity of a persons insobriety. These exercises consist of 3 standard procedures every officer in America is taught at the academy:

  • The Horizontal Gaze Nystagmus test (HGN) – otherwise known as the eye test
  • The walks and turn test
  • The one leg stand test