Know Your Rights

IF YOU ARE STOPPED BY THE DWI COPS TONIGHT, DO YOU KNOW YOUR LEGAL RIGHTS?

Did you know that you will be video and audio taped during the investigation and the entire ride to jail? What you say, how you act, and what you do will be shown to a judge and jury, so be on your best behavior! Always be polite, don’t use profanity, don’t beg, don’t cry, don’t act hysterical, and don’t talk or fall asleep in the police car! If you get arrested call us immediately.

* INVOKE YOUR RIGHT TO REMAIN SILENT! Do you know you have the right to remain silent about any question the cop asks you? Do you know why a cop is asking you a particular question? He wants as much evidence as he can get to justify arresting and convicting you. He is not trying to find a reason to let you go home!

* YOU DON’T HAVE TO PERFORM THE “EYE TEST”! Would you go to the police department to get an eye exam for glasses or to check on a vision problem? (Of course you wouldn’t!). The cops are testing your eyes for HGN (Horizontal Gaze Nystagmus) but there are 38 causes of HGN other than alcohol or drugs. Also there are 47 different types of Nystagmus.

* YOU DON’T HAVE TO PERFORM ANY COORDINATION EXERCISES! (Standardized Field Sobriety Tests or SFSTs)! It is very unlikely that you will be released if you even try these exercises. Most citizens cannot “pass” the SFSTs. They are judged subjectively by the cop and the cop decides whether you passed or not. YOU HAVE THE LEGAL RIGHT TO REFUSE ANY AND ALL FIELD SOBRIETY TESTS! THE CHOICE IS YOURS.

* YOU DO NOT HAVE TO TAKE THE BREATH TEST! There are two types of breath testing devices. The actual Intoxilyzer 5000 is what we think of when we talk about the breath testing machine. It is maintained at the jail but can also be housed in the BAT Mobile (breath alcohol testing unit or the mobile breath testing van). According to the State of Texas Breath Testing Program the cops can’t even ask you to take the breathalyzer test unless you are already under arrest for DWI or DUI. You are already arrested by this point so don’t make the mistake of thinking they will “un-arrest” you if you should “pass” the breath test by blowing under 0.08. The other device is the Hand-Held PBT (Portable Breath Test). The PBT is about the size of a mini-camcorder (or large cell phone) and the courts do not allow the cops to testify about the BAC that it reads. The cops can only testify that there is the presence of alcohol on your breath. So if you are under 21 years of age the presence of alcohol alone can get you arrested for DUI. You don’t get let go because you blow low. Don’t blow in either of these devices! You have the right to appeal any Drivers License suspension the cop threatens you with!

* YOU DO NOT HAVE TO GIVE A BLOOD TEST! NEVER voluntarily submit to a Blood Test. How do you know the blood vial was correctly prepared? Labeled? Transported? Stored? Make the cop get a warrant to perform invasive scientific tests on your body! If the Officer gets a warrant, we can attack it later in front of a Judge.

Something To Think About…
Do you know how much overtime money the cop earned last year in court due to DWI arrests? DWI cops in Texas can make as much, or more, arresting people for DWI than they make on “regular” patrol. Often, whether they are in the DWI Unit depends on how many DWI arrests they have made. It can fatten their wallet to arrest as many people as they can for DWI.

FACT: A survey showed that Austin, Texas was no. 3 and San Antonio, Texas was no. 1 on the TOP TEN BOOZING CITIES.

Arrested for DWI?

Jamie “The DWI Dude” Balagia is NHTSA trained and qualified as an SFST (Standardized Field Sobriety Test) Practitioner and Instructor. In addition, he has completed the Drug Recognition Expert School and is a former undercover vice officer with the Austin Police Department. Jamie Balagia has also completed the Intoxilyzer 5000 Course as an Operator on the Breathalyzer Machine and is a member of the National College for DWI Defense. His experience and continuing scientific education and training is vital to your DWI or criminal defense.

Jamie owns and maintains the Intoxilyzer 5000 68EN breath testing machine that is used in the State of Texas for breath testing in DWI cases. This machine helps him prepare and experiment with various defenses associated with cases in which clients provide a breath test. It is effective for cases in which a client refuses to blow as well as when they attempt to blow but are deemed to have refused by the arresting officer. The DWI Dude also owns several of the hand-held alcohol detection devices that are used by law enforcement officers throughout Texas and the Nation. He is qualified as a practitioner and instructor of the Standardized Field Sobriety Tests and has taught the class to law enforcement personnel, private investigators and criminal defense attorneys. Lastly, he is a trained and certified phlebotomist. A phlebotomist is an individual trained to draw blood for laboratory tests. The State may have drawn your blood for their case against you. The DWI Dude is trained to handle your case and stay one step ahead of the overzealous law enforcement officers and prosecuting attorneys that believe getting a conviction is more important than doing the right thing!

Jamie is dedicated to the zealous defense of his fellow citizens who are accused of DWI, DUI, or other alcohol related matters and drug offenses. He is an attorney who has developed close relationships with a variety of DWI Associated Professionals that assist in the defense of those charged with DWI. These Professionals are experts in the fields of Standardized Field Sobriety Testing, Breath Test Devices, Blood Draw Analysis (phlebotomy), Urine Analysis, Hair Follicle Analysis, Pulmonary issues, Podiatry (balancing and walking) issues, Radio Frequency Interference issues, Video and Audio Analysis, Drug Analysis, Laboratory Quality Assurance issues, Vehicular Safety issues, Accident Reconstruction Experts, Pharmacology, Toxicology, Police Procedure, Private Investigations, Adult Probation, Parole matters and many others.

ACT NOW – Don’t allow the State to suspend your license without a fight! The DWI Dude will help you fight the suspension of your license at your ALR Hearing (Administrative License Revocation).