On Demand

Anatomy of a Texas DUI/DWI Case

1h 17m

Created on April 16, 2020




DWI in Texas is something that affects over 200,000 people every year, and a conviction of even one DWI can have major life consequences - jobs, driver's licenses, and child custody sometimes hang in the balance of the outcome. For defense attorneys, litigating these cases can be extremely fraught - DWI is sometimes referred to as an "opinion case" because much of a DWI investigation is based on a police officer's subjective determination of what he witnessed at the scene or while administering the Standardized Field Sobriety Tests. 

This program, taught by veteran DWI attorney Tyler Flood, will discuss all the elements required to prove DWI in Texas. The course will explain the standardized field sobriety tests, how the state calculates a Blood Alcohol Level (BAC) at the time of driving using Retrograde Extrapolation, and cover driver's license consequences stemming from a conviction or from a DPS suspension through the Administrative License Revocation process.

Learning Objectives:

  1. Examine Texas Penal Code 49.04 and discuss all the elements of DWI, including relevant case law
  2. Distinguish between DWI and DUI in Texas
  3. Analyze the definitions of specific elements of the DWI statute in Texas, such as "operating", "public place", and "intoxication"
  4. Explain how a BAC is obtained in Texas, and how the State uses Retrograde Extrapolation to prove a person's BAC at the time of driving
  5. Discuss the penalties and consequences of DWI including first offenses, second offenses, third offenses, and cases involving serious bodily injury or death

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