Dallas DWI lawyer Robert Guest recently asked a question on the Texas DWI Defenders listserv:

Dearest Brain Trust,

 I’ve been using the same DWI voir dire for a few years and I’m looking for some fresh questions for the jury.

 If you wouldn’t mind send me your favorite DWI voir dire question or idea. I’m open to anything, just something you think is creative, or has gotten results in the past. 

Thanks in advance,


Here was my response:


My new favorite is on the difference between probable cause and BRD:

 “Mr. Smith, I want you to imagine that you are a police officer.  It’s 2 o’clock in the morning.  The person you just stopped for a traffic violation has admitted drinking, and you smell the odor of alcohol.  You have 2 choices: eventually to put him back in his vehicle and to let him drive on down the road, or to arrest him and take him to jail.

 “Mr. Smith, how sure would you want to be that that person was not intoxicated before you put him back in the car to drive off?”

Continue Reading Voir Dire Questions In A DWI

 Administrative Law Judges handle all sorts of cases for the State Office of Administrative Hearings – aka SOAH – from the tremendously boring, such as boat motor sales and use tax cases, to the no doubt endlessly fascinating scenarios where a trucking company is alleged to have failed to carry a required certificate of registration. (I know so little about those cases that I can barely understand what is written in the previous sentence; frankly, I cribbed it from the “about us” page on the SOAH website.)

Of course, they also handle license revocations arising out of DWIs. I got to my ALR this week a little early, and stuck my head in a different courtroom than the one my client’s case was being heard, to chat with a Judge. He handed me a printout of this – sorry, just click the link – it’ll look better from the original website than if I try to cut and paste it into a little box on this blog.

Apparently that site is all the rage on whatever informal listserv the subset of ALR Administrative Law Judges use. Probably the others too, but it seems most (least?) appropriate for the DWI court personnel. 

Maybe your client is guilty. Maybe it will be easy for the State to prove that your client is guilty. That is, if they can get their witnesses to show up.

There are all sorts of reasons that defense lawyers set cases for hearings and trials, not the least of which is that they expect(well… hope?) that a judge will suppress some or all of the evidence, or that a jury will find their client not guilty.

Occasionally a client will even volunteer this as the solution to their problems, “What are the chances that so-and-so won’t show up, and my case will be dismissed?”

Continue Reading Witness Chicken (The Police Version)

From an out of state commenter:

I received a summons today to appear in court next week. The papers did not even include what the appearance would be for. I have been on the SCRAM bracelet for two months now. This is the second time that I have been notified of violation of the bracelet.

The first was just a failure to download. I just received a prerecorded phone call for that violation, "no biggy." Today when I called the court house to find out why I had to appear, I was informed it was a violation from SCRAM.

Continue Reading SCRAM Violation? Maybe, Maybe Not…

Just in from a marketer via email, with the title line “Thousands of DUI Defendents are Coming!”:

Because we are the #1 Google ranked DUI/DWI website, thousands of DUI/DWI defendents[sic – I couldn’t bring myself to misspell it in the title of my post though] will come to our site next week looking for an attorney. Will you get your share?

Continue Reading DWI Defendants Are Coming! Away! Which Way?

Here’s the text of the resolution, along with my running commentary , on last week’s City Council agenda regarding the possibility of Austin police officers – instead of registered nurses or otherwise medically qualified and trained personnel – collecting blood specimens from DWI suspects:

WHEREAS, the State of Texas allows peace officers to collect breath and blood specimens as evidence for prosecuting people suspected of operating a motor vehicle while intoxicated through Texas Transportation Code §724.012, and Texas Code of Criminal Procedure Article 18.01; and

Since there’s already an implied consent statute, and a law governing search warrants…

Continue Reading The Will Of The People

The Dallas Morning News Crime Blog ran a story recently about stepped up DWI enforcement for a holiday weekend:

The message: If you drink and drive during the Labor Day holiday, you will go to jail.

That’s the word from local law enforcement and the Texas Department of Transportation which launched its anti-drunk driving campaign in the Dallas/Fort Worth area Friday morning…

"Drunk driving is a serious issue, and we intend to come down especially hard on drunk drivers during the two weeks leading up to Labor Day holiday," said North Richland Hills police Sgt. Neal Maranto. "If you are drinking and driving, you will be pulled over and you will be arrested.”

Two commenters immediately noticed the substitution of “drinking and driving” for “DWI”. (They are not the same thing.)

Continue Reading Do Cops Get To Make Up New DWI Laws?