VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
State of Mind
If you need more proof that law enforcement takes their responsibility to enforce DUI statutes seriously then consider a recent news article that lauds the police department of a northwestern state for their stellar intoxicated driving arrest record. According to the report they are responsible for making approximately 20,000 arrests – a figure that is half the amount of arrests made by all the other police agencies statewide.
The chief received an award for this 'achievement' during a public media event. He was quoted as humbling saying, "We never know which drunks will kill – but we know that some of them will".
That type of blanket justice (and twisted logic) should raise the ire of every American across the country. With a slight change in the wording he could just as well have said, "We never know which man or woman will 'shoot, stab, murder, rape, steal, etc.' – but we know that SOME OF THEM WILL". If we follow that line of reasoning the police could justify the arrest and imprisonment of nearly anyone for a crime not yet committed.
The question is 'when did law enforcement quietly cross the line of arresting Americans for potentially committing a crime versus actually committing one?' Moreover, is that what the citizens want and expect of their police forces? Certainly it becomes immediately obvious that the more responsibility we relinquish to law enforcement to 'watch over us' the more opportunity for abuse exists.
For instance, while the legality of sobriety checkpoints continues to rage in the courtroom, police departments across the country regularly set up these 'sting operations'. Like it or not, Americans submit to an act that may eventually be considered unconstitutional (if the cases ever reach the Supreme Court for a final ruling). What is the objection to 'sobriety checkpoints'?
Simply put, there is no 'probable cause' for these stops and – not surprisingly – many believe that they unfairly target minorities. More and more, we have now empowered police forces to be proactive. We have handed them the ability to be our constant protectors while we meekly succumb. We are all but saying, "I can't be responsible for my own actions so YOU can do that for me". Unfortunately, history has shown that this usually ends badly for populations in general.
If you believe as most defense attorneys do that there is a need to limit the powers of law enforcement then the following suggestion may be helpful. Take the time to educate yourself on the topic of 'DUI laws' then contact your local, state and federal legislators. Government officials respond to the concerns of their constituents. So far, the population base that favors greater police control is 'winning' - as evidenced by police chiefs who brag about high arrest rates and Americans willingly pulling their cars over for no other reason than police have called for checkpoints.
Your constitutional rights are more than a 'state of mind'.