R. Todd Bennett, P.C.
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Man found driving wrong way on I-75 charged with drunk driving

A 37-year-old Texas man was taken into police custody on March 16 after he was accused of driving the wrong way on Interstate 45 while under the influence of alcohol. According to the report, the incident occurred around 2:30 a.m. near Texas 242.

The man was allegedly driving north in the southbound lanes on Interstate 45 in a 2006 Ford Expedition. A deputy says he observed a wrong-way driver near FM 1488 and began to follow him. The driver went to the inside lane before being pulled over onto the shoulder by the deputy.

It was not stated if any field sobriety tests or other BAC tests were conducted at the scene. However, the driver was taken to Conroe Regional Medical Center to have a blood sample taken. The sample was taken to the Texas Department of Public Safety in Houston, though the results were not reported. At the time the report was released, he was still being held in custody at the Montgomery County Jail.

In order to charge someone for drunk driving, the officers must use certain approved tests to determine that the person was intoxicated when they were pulled over. The person's BAC is often determined using a Breathalyzer, though a blood sample may be required if the person either refuses the breath test or if the breath test cannot be taken.

Depending upon the evidence in a particular case, the attorney may suggest a particular DWI defense. For example, if the results of a blood test show that the accused person was not driving while intoxicated, the client may plead not guilty. If the evidence has been contaminated, the charge may be dismissed altogether. If the prosecution does have strong evidence that the person was intoxicated when they were taken into custody and a conviction is likely, the attorney may attempt to negotiate a plea deal with the prosecution that is advantageous for the defendant.

Source: The Observer, "Humble man arrested for allegedly driving drunk wrong way on I-45", Howard Roden, March 18, 2014

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