At Blizzard & Zimmerman Attorneys, we are passionate about representing individuals who have been arrested for DWI Driving while Intoxicated or DUI Driving Under the Influence.

• We do take your case personally and push past surface-level representation to personal, passionate advocacy.
• We advocate for individual rights and personal freedoms.
• We care about the PERSON who enters our office at Blizzard & Zimmerman, not just the legal issue.
• We target root issues in our representation to HELP clients leave better than when they entered (See Holistic Lawyering).

Click to Download our FREE SPECIAL REPORT: The 10 Myths of Defending Your DWI

Jacob Blizzard, a dual board-certified defense attorney in Criminal Law and Criminal Appeals is a specialist and has the experience to ensure your rights are protected with your DWI case. Achieving board certification as a lawyer stands as one of the pinnacles in an attorney’s career.

Respected by his peers and the court, Jacob has never been a prosecutor putting people in prison – he has always been firmly on the side of the defense.  See Jacob’s profile on the Texas Board of Legal Specialization website.

Blizzard & Zimmerman Attorneys take your issue personally and deliver results. Call today for a one-on-one consultation with one of our criminal law lawyers to review your case and come up with a legal strategy.

DWI Case Results That Speak for Themselves

Take a look at just a few of our successful results for our past DWI clients:

• DWI Conviction Avoided
• Serious Misdemeanor DWI Charge Reduced WITHOUT Conviction
• DWI Pretrial Diversion
• Pre-trial Diversions in Felony Evading Case and DWI
• Enhanced DWI Charge
• DWI Less Probation, Interlock Time

Driving While Intoxicated – DWI

If you’ve been arrested for DWI, the Texas Penal Code defines driving while intoxicated as:

• The person is intoxicated while operating a motor vehicle in a public place.

The penalty for driving while intoxicated is that of a Class B misdemeanor (180 days in jail, and a $2,000 fine)

• If the blood alcohol level is .15 or more, it is classified as a Class A misdemeanor, which can result in 1 year in jail and a $4,000 fine.
• If the DWI happens while a person under the age of 15 is a passenger in the vehicle, it is classified as a state jail felony, which can result in 180 days – 2 years in jail and a $10,000 fine

Results: A sample of DWI cases handled by the lawyers of Blizzard and Zimmerman Attorneys-

• DWI Case – Reduced to Fine Only
• Probation without a conviction for a former United States service member charged with DWI.
• Short-term probation period for client charged with DWI with child passenger.

Habitual DWI

The Texas Penal Code defines Habitual DWI as:

A person who has been charged 3 separate times with DWI is classified as a habitual offender. Every time after your first DWI, the penalties get more and more severe.

• Second DWI
  • They could get 30 days – 1 year in jail and a $4,000 fine.
  • An ignition lock may be required for their car.
  • Their license could be suspended for 2 years
• Third DWI
  • 2-10 years in prison and a $10,000 fine.
  • No less than 160 community service hours
  • License suspended for 2 years
    • An ignition lock required once the suspension ends
  • Rehabilitation program
• After third DWI
  • There are no specific laws as to the penalties at this stage.
  • There have been cases where people who are convicted of more than 3 DWI’s receive life in prison.

DUI Defense

You have rights under the United States and Texas Constitutions against unreasonable search and seizure as it relates to traffic stops. For example, it is not permissible for a Texas law enforcement officer to pull you over simply because they “thinks” or “suspects” you may have been drinking. Officers often pull people over after they have left a bar, even when they have not actually seen any crime being committed.

• Officers are required to have a reason to pull you over, such as a traffic violation. Officers often claim they saw violations such as:
  • Following too closely
  • Crossing the median
  • Failure to maintain control
  •  Speeding
  • Headlight or taillight violations

If the traffic stop can be shown to have been inappropriately begun in violation of your constitutional rights, all evidence that was collected as a result of that illegal traffic stop can be kept out of court. This could result in dismissal of the charges against you.

Another common constitutional violation occurs when law enforcement officer fails to properly follow the law regarding sobriety checkpoints. These checkpoints are designed to catch intoxicated drivers on the road by screening each passerby that goes through the checkpoint. However, law enforcement is expected to ensure that the checkpoint meets all of the constitutional requirements, otherwise any evidence collected is inadmissible.

Field Sobriety Tests

Field Sobriety test can be inaccurate and lead to false positives when a person has a physical or mental condition that may interfere with the testing, such as:

• Difficulty balancing
• Injuries to legs or feet
• Obesity
• Natural nystagmus of the eye (or nystagmus caused by medication)
• Advanced age
• Concussions

The results of a field sobriety test can be challenged in various ways to show that the officer was inaccurate in their observations.

Blood Sample Draw

It is common for blood to be taken from a DWI suspect following an arrest.

• In order to order a blood draw, police are required to have either your consent or a valid warrant. A person’s blood is subject to a higher level of privacy interest under the 4th Amendment to the U.S. Constitution, therefore a violation of those requirements will result in the inadmissibility of the blood results.

There are several reasons to challenge the drawing of blood:

• False promises of leniency by law enforcement made to obtain the sample.
• Defective warrant used to get a blood sample.
• Threats made by law enforcement during the blood sample process.
• The blood sample was taken by individuals without the proper qualifications – a blood sample requested by police must be taken by a physician, qualified technician, chemist, registered nurse, or licensed professional nurse.
• The sample was improperly labeled or stored.
• Alcohol swabs to swab the skin prior to taking the sample.
• Police destroyed all blood samples and failed to preserve samples for retesting.
• Improper calibration of equipment used to test the sample.
• Failure to take a blood sample in a sanitary place.

Breathalyzer Test

Breath tests are another challengeable aspect in DWI cases as they can often produce false-positives. A breathalyzer analyzes the amount of alcohol in your blood through the breath sample you blow into the machine.
A breath test can detect the presence of alcohol when you have not been drinking, such as when:

• You recently used mouthwash that has alcohol in it.
• You have taken certain medications.
• You recently burped.
• You have diabetes (detection of acetone in breath).

Breathalyzers must be properly calibrated by someone with the correct licensing qualifications.
These breath tests must be performed after a 15-minute waiting period or the results can be inaccurate.

Seek a Board Certified Criminal Attorney

When facing a DWI charge in Texas, the importance of hiring a board-certified criminal law attorney cannot be overstated. Their expertise, proven track record, and dedication to criminal defense provide you with the best chance of achieving a favorable outcome.

Don’t leave your future to chance—choose a board-certified attorney to defend your rights and guide you through this challenging time.