Notable DWI & Criminal Victories

Offense: DWI w/ 0.13 Blood Draw

Summary: The client works in IT and needed a dismissal for this case because his DACA status was up for renewal.  The client was found passed out in his vehicle, in the driver seat, in a moving lane of traffic (on the ON-RAMP about to enter the Katy Freeway). The client admitted that “[he] drank too much” and failed all 3 field sobriety tests. He consented to a blood draw and came back as a 0.13. Because of the severity of the facts and his immigration status, the state did not want to dismiss and we had to take the case to trial.  On the night before trial, Chris was able to point out to the DA the “operation” and “driving” issues with the case.  The night before the trial the DA decided to do the right thing and dismiss the case.  The client is happy and able to renew his DACA status without this case negatively affecting him.  DWI DISMISSED!!!

Offense: DWI (0.135 Blood Draw), Evading, Aggravated Assault w/ Deadly Weapon, and Interference with Emergency 911 call

Summary: The client works in IT and needed a dismissal for this case because his DACA status was up for renewal.  The client was found passed out in his vehicle, in the driver seat, in a moving lane of traffic (on the ON-RAMP about to enter the Katy Freeway). The client admitted that “[he] drank too much” and failed all 3 field sobriety tests. He consented to a blood draw and came back as a 0.13. Because of the severity of the facts and his immigration status, the state did not want to dismiss and we had to take the case to trial.  On the night before trial, Chris was able to point out to the DA the “operation” and “driving” issues with the case.  The night before the trial the DA decided to do the right thing and dismiss the case.  The client is happy and able to renew his DACA status without this case negatively affecting him.  DWI DISMISSED!!!

Offense: DWI w/ 0.145 Breath Score

Summary: The client is a construction worker that was on his way home from a party and admitted to consuming a couple of beers and eating a hamburger from Whataburger. He was pulled over for weaving in and out of his lane Officer stated that the client failed all 3 field sobriety tests and couldn’t even finish one of the tests as well because he was too intoxicated. The client consented to a breath test and blew a 0.145 breath alcohol content. When Chris reviewed the dash camera videos, he was able to point out to the DA that, despite the client weaving some, it was still an unconstitutional traffic stop. The DA did the right thing and dismissed the case. The DA did not want to risk losing this case in trial or a motion to suppress the hearing. DWI DISMISSED!!!

Offense: Felony Assault Family Violence

Summary: The client is a project manager from Dallas and was in town visiting his at the time girlfriend. They got into a drunken argument after coming home from the night out regarding infidelity. It was alleged that my client threw the complaining witness against the wall and held a champagne bottle to her neck causing her pain. After Chris reviewed the body camera evidence, he was able to point out to the DA how the arresting officers on the scene weren’t even sure who was the aggressor in this case thus exhibiting the officer’s own reasonable doubt about the case. With the little evidence and weak investigation the officers completed, they still chose to arrest the client. Chris was able to point out the flaws and reasonable doubt that this case was riddled with, and the prosecutor ultimately dismissed it. FELONY ASSAULT FAMILY VIOLENCE DISMISSED!!!

Offense: DWI w/ 0.114 Breath Score

Summary: The client is a registered nurse that was on her way home after having brunch with her coworkers after a night shift. On her way home, she ran into the back of an 18-wheeler truck. The client admitted to the officer that she consumed some cocktails at brunch. Officer had the client perform field sobriety tests on the shoulder of the highway, which was uneven ground plus loose gravel that put her at a disadvantage. Upon her arrest, the client consented to a breath test and registered a 0.114 breath score. Chris was able to convince the DA to dismiss the case right before the trial showing the flaws on where the field sobriety tests were administered as well as that the prosecution could not reliably pinpoint what the client’s breath score would’ve been at the time of driving versus the time of the test (This is why it’s important to hire a DWI Lawyer-Scientist!). DWI DISMISSED!!!

Offense: DWI w/ 0.106 Blood Draw

Summary: The client is a small business owner of his own Painting and Power Washing company. He admittedly was on his way home from a bar at 2am and was stopped for running a red light. Officer claimed to observe several signs of intoxication such as the strong odor of alcohol on his breath, slurred speech, slightly unsteady on his feet, and red eyes.

Officer alleged that client failed the field sobriety tests, and the client refused to submit to a breath test.  Officer then got a search warrant to get the client’s blood drawn.  Chris was able to show the district attorney there were flaws on how the officer graded and administered the field sobriety tests thus putting the client at a disadvantage.  Furthermore, Chris was able to point out flaws in the blood result on how the blood was drawn as well as issues with the chain of custody on how the blood was handled and transported, which could falsely elevate the blood result as well as question the credibility of the blood score altogether.  DWI DISMISSED!!!

Offense: 0.114 Breath Result

Summary: The client is an immigrant student in the middle of trying to obtain his Master’s degree. Because of his immigration status, the client could take nothing less than dismissal or acquittal. After hanging out with friends and having a few beers, on his way home he was stopped for allegedly speeding going 90mph in a 60mph zone on the 610 highway. The officer conducted field sobriety tests and claimed my client failed all three tests. The client voluntarily submitted to give a breath result and blew a 0.114 score. Ultimately, Chris Denuna was able to point out to the prosecutor that there was a serious disconnect between how the client looked on the video to what his breath score is. He pointed out the flaws in the breath test machine and the science of the breath test machine. The prosecutor ended up doing the reasonable thing and dismissing the case and giving my client’s immigration status and life back. We are now working to get this arrest expunged from his record so that it will not affect his future in school as well as his immigration status.

Offense: 0.206 Breath Result AND allegedly almost hit a deputy

Summary: The client is a bartender that just got off work and was going en route to check on her boyfriend that was ironically pulled over for DWI. When she drove onto the scene, the police officer alleged that my client disregarded a police barricade as the DWI investigation and accident were taking place and that she almost hit a deputy on duty in the process. As soon as her vehicle was stopped by the deputy, they immediately handcuffed her, asked her zero questions, and did not conduct any DWI investigation until well over an hour after she was put in handcuffs and transported back to the police station. Chris Denuna argued with the prosecutor that this was an unlawful prolonged detention and a violation of the client’s 4th Amendment Constitutional rights. Two days before trial, the chief prosecutor reviewed the issues and agreed. The prosecutor did the reasonable decision and ultimately DISMISSED the case two days before our trial setting. The client is now going to get this record expunged from her record so she can be granted the legal privilege to deny this arrest ever even occurred so it will not affect her future!

Offense: TWO DWIs, Felony Evading, Possession of Dangerous Drug

Summary: The client was parked in the wrong driveway down the street from his house (maybe too intoxicated to realize). The owner of the residence called and the client was ultimately arrested for DWI and Possession of a Dangerous Drug for having muscle relaxers that he was not prescribed on his person and in his vehicle. The client had a blood result of 0.129 plus muscle relaxers in his system as well. While the client was on bond and the two cases were pending, the client got arrested again for DWI and Felony Evading in a motor vehicle. His blood score this time was 0.20 (2 ½ times the legal limit). Chris was able to point out the insufficiencies in the way the blood was tested, put together mitigation factors to the prosecutor on why this would affect him personally and on his job, and lastly found personnel files on the arresting officer for improper conduct in the officer’s past. Coupling everything together, Chris was able to convince the prosecutor to dismiss both DWI cases and the Felony Evading case in exchange for a plea to deferred probation on the possession of a dangerous drug case. Ultimately, if the probation is successfully completed, that case will be dismissed as well. Chris was able to give the client a second chance with the opportunity to have all 4 cases dismissed!

Offense: Driving While Intoxicated

Summary: 0.105 Breath Test AND Open Container! The client was stopped for speeding 65 in a 50mph zone on SH 99. The client admitted to drinking 3 hours prior and also had an open container of 750mL bottle of 1835 Bourbon Whiskey that was half full. Officer administered field sobriety tests and notated that the client failed all 3 tests. However, Chris Denuna was able to educate the prosecutor on the science and that the State’s breath technical supervisor expert witness would not be able to extrapolate and testify that the client was above the legal limit of 0.08 (at the time of driving) despite blowing above 0.08 back at the station. After setting the case for trial, the DA thoroughly evaluated the case and agreed with Chris Denuna about their legal issues. Ultimately, CASE DISMISSED!

Offense: Child Endangerment

Summary: The client was accused of endangering her children by locking them out of her home during the “snowpocalypse” freeze storm in Houston. Initially, officers were called about an unwanted guest at the home that would not leave. Once officers arrived, the unwanted guest already left but so did one of her children and they could not get back into the house. Chris Denuna was able to show that since the officers were there with the child they were not in any danger and also, and more importantly, the client had zero intention nor did she know the child was in any endangerment thus the State did the right thing and dismissed the case reuniting the family once again.

Offense: Driving While Intoxicated 2nd

Summary: 0.169 Breath Test AND Car Accident!

This client was on her way to Whataburger after a night out with friends and hit the median curb on the way.  Her tire and axel were damaged and had no choice but to call a tow. The Tow truck driver called the police for suspicion that the client was DWI (the majority of tow truck drivers will do this so they can financially get the tow of the vehicle as well).  When police arrived, they notated all the classic signs of intoxication (i.e., slurred speech, a strong odor of alcoholic beverage, red glassy eyes, unsteady balance). It was also notated she failed all sobriety tests and submitted to a breathalyzer test that resulted in a 0.169 breath alcohol content. Because this was her second DWI arrest, the prosecutor was not adamant about entertaining a dismissal so we set the case for a jury trial.

Offense: Driving While Intoxicated

Summary: 0.115 Breath Test!

The client is a college student and Texas A&M University. He was stopped for speeding 56 in a 45mph zone. The client admitted to consuming multiple beers. The officer stated that the client failed all three field sobriety tests. When transported back to the police station, the client submitted a breath sample resulting in a 0.108 and 0.115 breath alcohol content result. Chris Denuna was able to educate the prosecutor assigned to the case on the issues with the breath test machine and these results in comparison to how the client looked on video.  Furthermore, the prosecution was unable to scientifically prove that the client was above the 0.08 legal limit at the time of driving despite his breath score at the station being above the legal limit. The DA ultimately decided to dismiss the case once Chris Denuna set it for a jury trial!

Offense: Felony Child Endangerment and Assault

Summary: Felony Child Endangerment and Assault Charges DISMISSED!

This client is a single mother with 3 children.  She was charged with child endangerment and assault. Long story short, my client’s oldest daughter decided to pack up her toys in a luggage suitcase and run away from home. My client at the time was bathing her two younger kids when the oldest left. A civilian picked up the oldest daughter off the side of the road and brought her back home. However, the civilian decided to pick a fight with my client thinking my client did this on purpose, and decided to file charges against my client for child endangerment without knowing the full story. This is what led to the two charges. Unfortunately, the officers that arrived on the scene took the civilian’s word over my client’s. For almost a year my client has been separated from her kids and the children were put into a foster home. Finally, I was able to obtain all of the discovery and point out to the prosecutors the real truth and that my client was innocent of all charges. Ultimately the DA did the right thing and dismissed all charges!!!

Offense: Driving While Intoxicated with BAC > 0.15

Summary: 0.17 Blood Test! 

Our client is an immigrant and it was imperative for him to have this case dismissed otherwise he couldn’t be deported and separated from his family. The client was stopped for speeding 50mph in a 35mph zone. He admitted to 6 beers at a bar on Westheimer Road. HPD Officer administered field sobriety tests and alleged my client failed all 3 tests as well as messed up on the alphabet starting from G and ending with Z. A blood search warrant was obtained and the results came back 0.17 (over 2x the legal limit). Our prosecutor was able to point out the prosecution the credibility issues with the way the blood was tested in the crime lab as well as the poor administration of the field sobriety tests that put my client at a disadvantage.  Ultimately, the prosecutor conceded and dismissed the DWI!  The client now has his life back and we are applying for an expunction to help his immigration status.

 Offense: Felony Forgery of Government Document

Summary: Felony Forgery of Government Instrument DISMISSED! 

The client is currently an entrepreneur in the Houston Food Industry and a former European Pro Basketball player. After a messy breakup, an ex of his attempted to frame the client for forging the ex’s deceased husband’s signature to obtain a title to a food truck. From the moment, our client stepped foot into my office, we knew he didn’t do it. We were able to obtain the phone records, other communications, and government documents to show the prosecutor that this was clearly fabricated by a bitter ex. Ultimately the Assistant District Attorney did the right thing and dismissed the felony charge and personally apologized to my client over the phone, which DA’s usually never do. Furthermore, we were able to have the DA’s file charges against the ex for filing a false police report! Now, we’re going to file a civil lawsuit to recuperate all the time, money, and resources my client lost defending his criminal case that should’ve never been filed.

Offense: Trial Setting Dismissal

Summary: 0.279 Blood Draw AND Major Accident! 

The client is a server at a restaurant and is currently applying for citizenship. Because of his immigration status, the client could take nothing less than a dismissal or acquittal. On his way home after work, the client got into a major accident by rear-ending a disabled vehicle on the shoulder of Interstate Highway 610. The client hit the other vehicle with enough force that the rear passenger compartment completely collapsed. Luckily there were no injuries. A third-party civilian witness reported that the client cut across several lanes of traffic before making an impact. When the officer made contact with the client, he notated a strong odor of alcohol coming from him, slurred speech, and red bloodshot eyes. Field sobriety tests were conducted and the officer notated that the client failed all three tests. The client refused to voluntarily give blood so a search warrant was drafted and blood was taken by force. Blood results came back over 3x the legal limit! However, after reviewing the blood evidence and discovering that the quality control and quality assurance procedures were not properly followed in the crime lab, Chris Denuna was able to convince the prosecutor that the blood should be suppressed if we were to go to trial. Ultimately, the DA’s office did the right thing, thoroughly evaluated the case, and dismissed the case after it was set for a jury trial.

Offense: Driving While Intoxicated

Summary: 0.107 Breath Test!!! 

The client is a masseuse. She was stopped for speeding going 96mph in a 65mph zone. She admitted to coming from a bar in midtown and consuming two beers. The officer notated her as having a strong odor of an alcoholic beverage coming from her breath. She told the officer she was driving her friend’s car because her friend was too intoxicated to drive. The officer subjected her to field sobriety tests and notated she failed all three tests. The client consented to a breath test and blew over the legal limit at 0.107 breath alcohol content. Ultimately, attorney Chris Denuna was able to point out the scientific and forensic issues with the Intoxilyzer 9000 (breath machine) and that the breath result was not accurate and reliable. Ultimately, the prosecutor did the right thing and dismissed the case!!!

Offense: Driving While Intoxicated

Summary: 0.09 breath test!!! 

The client is a minor (20yrs old) and a college student. He was stopped for an expired registration by Houston PD after leaving Pluckers Wing Bar and on his way home to drop off a friend at his house. The client admitted to consuming multiple Modelo Beers.  The client performed field sobriety tests and the officer notated that my client failed 2 out of the 3 standardized tests. Subsequently, my client consented to a breath test and blew a 0.09 back at the station. I was able to point out to the prosecutor that the State’s expert witness breath technical supervisor would not be able to scientifically and reliably say that my client was above the legal limit (0.08) at the time of driving and therefore the breath score of 0.09 an hour later would not be reliable to prove my client was DWI. Therefore, the State did the right thing before we went to trial and dismissed the case outright.

Offense: Driving While Intoxicated 2nd with BAC >0.15

Summary: 0.218 Blood Draw!!! 

The client is a medical Operating Room (OR) Tech. She was stopped for speeding going 65mph in a 40mph zone on Spencer Highway by the Pasadena PD after leaving a bar. The client consented to field sobriety tests and the arresting officer notated that she failed all three tests (HGN eye test, Walk and Turn Test, and One Leg Stand Test). The District Attorney wanted my client to plead guilty and receive 60 days jail time or 18 months of probation. On the day of trial, I was able to zealously advocate for my client and persuade the district attorney that there were serious issues with the phlebotomist who drew my client’s blood and therefore the 0.218 blood result would be suppressed. Afterward, the district attorney realized they couldn’t make their case and dismissed it on the day of trial!

Offense: Driving While Intoxicated

Summary: 0.11 Breath Test!!! 

Client (Youth baseball coach) was stopped for speeding after seen leaving a restaurant at closing time.  The arresting officer notated my client had a strong odor of alcohol coming from his breath, red blood-shot eyes, and slurred speech.  The dash video showed otherwise.  Not only did the officer improperly give the instructions of the field sobriety tests but he also had my client perform them on a slanted concrete that severely compromised his performance.  Furthermore, I explained to the prosecutor that the technical supervisor (State’s breath test forensic expert) would not be able to retrograde extrapolate to prove that my client’s BrAC was 0.08 or higher AT THE TIME OF DRIVING.  No matter what the breath score was, the State did not have the evidence to prove my client was per se intoxicated.

Offense: Driving While Intoxicated

Summary: 0.16 Breath Test!!! 

Client (Plumber) is from Brenham, TX and was not familiar with the Houston area. Client was on his phone looking at his gps after leaving Whataburger.  While looking downa t his phone, he almost ran into a construction zone.  He swerved to avoid hitting an orange construction drums.  An infamous officer on the DWI Task Force pulled my client over for failing to signal lane change.  The State refused to dismiss the case and we refused to plead guilty so we tee’d the case up for a jury trial.  After jury selection, I made a motion to suppress based on a bad stop.  I was able to convince the judge that the traffic stop was unlawful because my client was not required to signal a lane change.  Judge followed the case law and agreed with me that the traffic stop was unlawful and the State was forced to dismiss the case mid-trial after the jury was already sworn in.

Offense: DWI 2nd

Summary: 0.195 Blood Draw!!! 

Client (Construction Worker). was pulled over for speeding and running stop signs in a residential neighborhood (client really had to pee) on his way to his uncle’s house.  When officer pulled my client over and had him exit the vehicle, my client clearly urinated on himself.  Client refused all field sobriety tests and submitted to a blood draw at the police station.  Because this was my client’s 2nd DWI and the high blood score, the State would accept nothing less than for my client to plead guilty.  Therefore, we tee’d it up and went forward with a jury trial.  During trial, I was able to show the jury during cross-examination that the forensic analyst that tested the blood (State’s Expert Witness) of the Houston Forensic Science Center did not follow the standard operating guidelines and procedures required when testing DWI blood samples with a Gas Chromatograph (GC) instrument.  The jury understood how crucial following protocol was and how this could falsely elevate someone’s blood sample.  Ultimately, the jury did not find the blood score credible and returned a verdict of NOT GUILTY!!

Offense: (Drugs) Driving While Intoxicated

Summary: Prescription Drugs Blood Draw!!!

Client (Registered Nurse) was in an accident rear-ending someone on Christmas Eve on her way to a friend’s house.  Client did not smell of alcohol but definitely had a noticeable slur to her speech.  For years she had been taking prescription medications for a plethora of medical conditions.  The officer saw a bunch of prescription bottles in my client’s purse and in the vehicle.  She did not consent to any field sobriety tests or a blood test. After the officer obtained a search warrant and executed the blood draw, I pointed out to the prosecutor that the way my client walks and talks normally is the exact same way how she looks on video.  I even offered the prosecutor to speak with my client in court to confirm that to prove she was not intoxicated at the time of the accident.  My client and I had nothing to hide.  Lastly, the blood results came back with a plethora of prescription medications in her system, but the State could not prove that she lost the normal use of her mental or physical faculties due to drug intoxication. I educated the prosecutor that she was rather in at a therapeutic stage at the time of the accident and not a stage of intoxication.  The State understood my scientific arguments, did the right thing, and dismissed the case after setting it for trial.

Offense: Driving While Intoxicated

Summary: 0.17 Blood Draw!!!

Client (Personal Trainer) was stopped speeding over 100mph on the Katy freeway after leaving his girlfriend’s apartment.  The arresting officer made my client perform the field sobriety tests on the shoulder of the Katy freeway.  The officer notated that my client failed all three tests (HGN, WAT, and OLS).  I was able to point out to the prosecutor that, on top of 60-80mph cars whizzing by my client as he performs these tests affected his performance, he is also an army veteran that was medically discharged for back and leg issues.  After providing a copy of the VA medical records to the prosecutor and pointing out how these medical conditions affected his performance, prosecutor considered dismissal.  Lastly, I pointed out that there was a break in the chain of custody in how the arresting police agency and forensic crime lab did not notate or know what happened to the blood vial for 5 days from the day of blood draw to the day it was actually submitted to the lab.  After pointing out all those factors, the prosecutor had no choice but to dismiss.

Offense: Driving While Intoxicated

Summary:  0.97 Breath Test!!!

Client (College Student) was pulled over for speeding on Interstate 10 at 3am in the morning.  According to the officer’s report, the client admitted to consuming 5-6 beers, had a strong odor of alcoholic beverage, red blood-shot eyes, and slurred speech.  Officer also reported that client failed all three standardized field sobriety tests.  The State did not want to dismiss and, of course, we did not want to plead guilty so we took it to an jury trial.  I was able to educate the jury about the scientific insufficiencies and flaws of the Intoxilyzer 9000 (breathalyzer) during cross-examination of the Technical Supervisor (State’s breath expert witness). After pointing out the margins of error these breath machines and the lack of calibration DPS administers to these machines, the jury came back with a NOT GUILTY verdict in just 26mins of deliberation!!