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

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?

I should know better than to get my hopes up.

Yesterday morning, my client’s DWI was set for a pretrial conference. That’s the last setting before a contested pretrial motions hearing in Travis County. But it doesn’t get set for pretrial motions until the complaint and information (official charging instrument in a misdemeanor) have been filed

…is a bad idea.

I won’t link to it, but I just ran across an attorney’s web page that I hope was not written by him. (N.B. It was not an Austin lawyer.)


The website first acknowledges that in today’s world you need to drive: work, school, church, groceries, etc., and that one of the