For over three decades Pearland DWI defense lawyer Victor Sturm has been aggressively defending individuals who have been accused of drunk driving.  He investigates the facts of each case, including the blood and breath tests used, to help you challenge evidence and fight for the most desirable outcome possible for you. Sturm provides his clients with a strong defense..

Criminal defense lawyer Victor Sturm has been defending Pearland clients for more than thirty years, providing effective defense in thousands of cases across a wide range of criminal charges. When the state moves to convict you, Victor is ready. His goal is always to get your charges dropped or reduced.

These are just some of the things DWI lawyers can look for. There is a lot more to a DWI case than how much one had to drink or what the results are of the breath or blood test.

For over three decades Pearland Blood Alcohol lawyer Victor Sturm has been aggressively defending individuals who have been accused of drunk driving.  He investigates the facts of each case, including the blood and breath tests used, to help you challenge evidence and fight for the most desirable outcome possible for you. Sturm provides his clients with a strong defense.

Why Hire an Experienced DWI Attorney?

After the initial DWI charge, the first thing to do is hire a DWI lawyer that you trust and whom you believe will do a good job for you. Second, let your lawyer review the evidence against you and fully asses your position. Third, take your lawyer's advice. The following are some of the things that a DWI lawyer will look at in your case:

• Were you stopped in a manner consistent with Texas law?

• Were there justifications for stopping you?

• Were you taking legal medications or contacting other chemicals that could cause a false positive result?

• Did your job environment corrupt the BAC result?

• Did you have pre-existing medical conditions that may have affected the results?

• What kind of evidence was gathered to prove your guilt?

• Was the evidence properly handled and preserved?

• What kind of evidence could have been gathered to prove your innocence?

• How, exactly, were the tests given to you?

• How and when were samples drawn from you?

• Who took samples of your breath and blood and were they qualified under Texas law?

• Who gave you field sobriety tests and were they qualified under Texas law?

• Who is testifying against you and what is their qualifications and expertise?

                      DWI Testing Using Blood Samples

Blood is sometimes drawn onsite and analyzed in blood-alcohol-testing (BAT) vans, or drawn and tested later in a lab. While testing blood is the most accurate form of DWI testing, it is not a a flawless process. There are weaknesses in the process which may be identified and used to help build a defense for our clients. For example, if blood samples were not properly combined with the proper amount of preservatives or anticoagulants, the blood could clot and/or become contaminated. If the technician was not properly trained and sterilized the testing equipment with an alcohol-based product for example, it could affect the sample and cause a flawed result.

One of the biggest areas of contention is the fact that blood sampling is a test that usually does not happen immediately on-site. Unlike the breath test, blood is drawn and then taken to a laboratory for testing. The results are then returned to the proper authorities. Because of this longer time period, there are more possibilities for errors. The chain of custody could easily get broken. The sample could get disturbed or it could get mixed up with another person's sample. An unauthorized individual could gain access to the sample without being recorded - all things that could cause errors in the result.

                       DWI Testing Using a Breathalyzer

The most common form of blood alcohol content testing in Texas is to give you a breathalyzer test  using a machine called the Intoxilyzer 5000. This form of testing is however subject to considerable error, with the most common source being from the officer administering the test. If they are not properly trained and do not administer the test correctly, or if they do not properly give instructions to you, the entire test could be considered invalid. The officer is not the only possible source of error. The machine itself is often taken into consideration, making it possible to challenge evidence obtained with it.

Breathalyzers are delicate testing equipment and if they are not properly maintained, they can deliver faulty results. For example, it's required that all breathalyzers be calibrated on a regular basis to ensure they are maintaining accuracy. Should the machine come into contact with an interfering compound, the results could also be debated. There is also the issue of the ability of the machine to differentiate between a subject who is giving a shallow breath from the mouth or a deep breath from the lungs. All of these are factors which could possibly be called to your defense.

    When You Are Considered to Be Legally Drunk in Texas

You may may think you are "OK" to drive when you leave a party or bar after having a few drinks. But there are many factors that can affect your BAL (blood alcohol level), such as your body size, the number of alcoholic drinks you consumed, how much food you ate, and the time period in which you were drinking. Having too many drinks  within a certain time frame, along with these other factors, can cause you to be above the legal driving alcohol limit in Texas.

Driving with a BAL  of .08% or higher means that you are considered to be driving while intoxicated, or DWI.  If you are under the age of 21, and any amount of alcohol is detected, it is considered to be a crime and you can be charged with DUI/DWI.

From the moment you get stopped  by police to the time you go to trial, the State is out to make a case against you, and a team of people are employed to achieve this end. It usually starts when police stop you if they observe you driving erratically, in an unsafe manner, or merely suspect you of DWI. If you get pulled over on suspicion of driving while intoxicated, you may be asked to submit to different kinds of tests to determine your level of intoxication.

Police officers will use these tests to try to determine your blood alcohol content (BAC) level in order to see if it exceeds the legal limit of 0.08. It is important to remember that these tests are not created to help establish your innocence - their only purpose is to incriminate you and supply the prosecuting team with evidence to convict you of DWI.