DWI Trial Victory – Know Your Rights

Posted on 17. Oct, 2013 by in Blog

This week attorney Demetrio Duarte, Jr. represented his client in a driving while intoxicated (second) jury trial in Bexar County, which ended with a verdict his client was overjoyed to receive. NOT GUILTY!

When an individual is faced with the unpleasant situation of a possible DWI there are many facts to understand. And it is the goal of Demetrio Duarte, Jr. and Associates, P.C. to not only represent their clients in the best way possible, but also educate them on their rights.

Contrary to our natural inclination to respect and obey law enforcement officers, we are not required to consent to field sobriety tests. This is a common misconception. We have the right to tell the officer we do not feel comfortable doing a sobriety test without an attorney present. Many officers will state, “your lawyer can raise any legal objections with the judge.” While the officer is telling you the truth, the officer is not telling you there is no obligation to comply with his REQUEST. You also have the right to ask the officer “can I leave now?” If the officer is fishing for evidence, which was the situation with the DWI trial Mr. Duarte won, the officer may tell you that you are free to leave. However if the situation occurs, please remember to always be courteous. Arguments are not won between you and the officer in the street. Those arguments are for your lawyer in the courtroom.

You also have the right to decline a breath or blood test. If you are ordered to take the blood test by a judge, you cannot refuse. However, you have a right to demand a court order that is based on probable cause.

When hiring a lawyer, you should hire someone with enough experience to tell you he or she has tried over 100 jury trials. When your freedom is at stake, experience matters. You want an attorney with proven success by your side in the courtroom. Which is why hiring a board certified attorney in criminal law is crucial in receiving the best possible defense on your behalf.

If you or someone you may know are placed in an unexpected situation like this, consider the information above and call Demetrio Duarte, Jr. Is your freedom worth taking a risk?

(Your first consultation regarding a criminal case is free. Call us today and find out why Demetrio Duarte, Jr. has been included by the National Trial Lawyers in their Top 100 listings for 2013 and 2014.)

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