Criminal Defense Trial Attorney
Austin / Central Texas
When you have been arrested for a criminal offense such as Drunk Driving - Driving While Intoxicated (DWI) you need an attorney with extensive expertise.
more on Texas DWI...
Misdemeanors are various crimes that do not rise to the level of a felony. Even though misdemeanors carry less jail time than felonies, they
can still be serious charges.
more on misdemeanors...
charged with domestic violence, family violence, child abuse charges, assault and battery...
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legal trial experience for those charged with burglary or robbery charges, petty
theft, car theft, shoplifting, receipt of stolen property or trafficking of stolen property.
more on robbery and assault...
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David B. Frank
Attorney At Law
The Penthouse Condominiums
Street, Suite 103
Austin, Texas 78701
DWI / TEXAS DWI LAW & FACTS
DRIVING IS VERY SERIOUS!
|"Board Certified in Criminal Law by the Texas Board of Legal Specialization"
Helping those who need a board certified lawyer handling legal matters in the
DWI Drunk Driving / Jail Release 24/7 / Bail Bonds
TEXAS DWI LAW & FACTS
Experienced, Aggressive Criminal Defense Trial Lawyer
When Your Personal Freedom Is at Stake - Know Your Texas Rights!!
David B. Frank., Attorney At Law - Austin Texas Criminal Defense Attorney
Serving Travis County, Hays County and Williamson County
In The State Of Texas
|A breath test or field sobriety test does not
automatically prove you guilty.
According to the federal government, accuracy of field sobriety tests are
According to the federal government, accuracy of field sobriety tests
under ideal conditions are as follows:
Walk and turn.............68%
One leg stand.............65%
* at .10 BAC.
Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.
The law states that in most Texas DWI cases, there are 3 pieces of evidence open
to one interpretation of the law, include breath test/chemical tests ( were the
regulations followed? What is the validity due to lack of regulations).
The police report is only the officer's interpretation.
Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?
Were any statements made by you coerced, taken out of context, or
The Intoxilyzer 5000 assumes that everyone has the same blood breath partition
ratio, hematocrit ratio and assumes that all samples are at an air temperature
of 93.2 F. Texas DWI Law does not utilize any methods which would allow for a
retest of samples given. The computer software is proprietary and is not
available to scientific peer review. There are many things which have been shown
to affect a breath test score. These machines are generally not available for
inspections by anyone outside of law enforcement. Texas does not allow for
non-law enforcement or government personnel to become certified as breath test
technical operators. Much of the Texas breath program remains limited to
outsiders despite a generally assumed belief that these machines have undergone
and passed wide general scientific review.
Field Sobriety Tests:
Police make arrests on the basis of probable cause. This is not the same thing
as "beyond reasonable doubt." It is not a police officer's job to determine if
someone is guilty. Many police offers choose to arrest on the basis of caution.
There is much technical training for a police officer in the field of Texas DWI
Law. There is no law in Texas which states they must keep up their training on a
yearly or any other type of basis with respect to standardized field sobriety
training. Many police officers do not make any form of notes on the side of the
road with respect to numerous details. Most police officers do not include
mitigating or exculpatory information in their reports, mainly negative
Where there distractions during the testing? Were you
nervous or tired during the testing?
If there was a video taping of the event, does it accurately depict your true
state of sobriety at the time, or was it unfairly effected by perhaps traffic,
poor lighting, noise, or lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause
By retaining an attorney today, you will be aware of your rights! Police
reports, breath test results, and video tape will be reviewed in an effort to
uncover possible defenses that you may not be aware of.
Call for a Free Consultation Today!
Because each case is different and special, I offer a free initial consultation
where you and I can sit down and discuss the charges against you and what
options are available to you. To assist you financially in paying any attorney
fees, I offer flat rate fees and flexible payment plans that will allow you to
hire me as your criminal defense attorney so that I
can start immediately to protect your rights.
Austin / Central Texas
Criminal Defense Attorney
"Board Certified - Criminal Law Texas Board of Legal Specialization"
NHTSA Certified Standard Field Sobriety Test Practitioner
David Frank - Attorney At Law
|David Frank Criminal DWI Criminal Defense Trial Attorney in Austin, Texas handling Drunk Driving (DWI) and Driving
Under The Influence (DUI) in the state of Texas. Travis County, Williamson County, Hays County and Bastrop County. Austin, Georgetown, Manor, Round Rock,
Cedar Park, San Marcos, Bastrop, Central Texas areas.