El Paso Texas DWI Defense Lawyer I have been defending drinking drivers for a long time and I am frustrated by the attitudes of law enforcement. In the first place the United States Constitution prohibits police from what are called unreasonable search and seizure. (U.S. Const. 4th Amendment) In ordinary language this means that Americans are a free people and the police cannot stop people just because they feel like checking them. The police must first have a reasonable suspicion that the driver is violating some criminal law, including traffic violations. In El Paso the police department has a policy that if a person refuses to take a breath test they will be arrested. That policy contravenes the rights of a free people and is not based on the law. I read police reports over and over that have the same droning language, "red and bloodshot eyes" "slurred speech," "strong odor of unknown alcoholic beverage about the breath and person." Yet when I investigate my client’s cases I often find that a video exists that proves they never slurred a single word. The photos made at the time of arrest show their eyes to be clear and bright, and when I cross examine the police officers during the trial they can’t tell me what part of the "person" this odor of unknown alcoholic beverage was coming from. These words are phrases and are not designed to obtain a just result, they are designed to obtain a conviction based on false allegations. I believe that it is wrong and Americans should be more concerned about turning ordinary people into criminals. There is little if any evidence that intoxication at the blood alcohol level of 0.08 percent has any significant effects on the ability to operate an automobile, yet prohibitionist are now trying to lower the legal limit to 0.04. I represent responsible people who suddenly find themselves being called a criminal. People who have good driving records, good families and jobs. Suddenly they find themselves being criminalized, having their driver’s license taken and being forced into alcohol treatment programs whether or not they have any signs of alcohol dependency! There is no doubt, it takes an aggressive defense in these times to get fair results but it can be obtained. It takes research of each individual case, cutting cross examination, diligence and awareness of what the police do to deceive juries. When police enter the time of stop in police reports they often put the time they finish the stop, not when they actually stop the person. That way it makes it appear that the individual was out late, when they would have been in bed long before had they not been stopped. I look for and recognize these deceptions so that the truth can and will come out for my clients. In my office we are doing good things for the right reasons. We do the right thing in a professional manner, so that the jury of your peers, will understand the real truth. If you want and expect to be treated fairly at the courthouse you need someone who is really on your side and really understands the DWI deception campaign. If you ever find yourself in this situation and you need an attorney I hope you consider giving me a call so that I might assist you in your criminal matter. Mark T. Davis
Attorney at Law
1554 Lomaland
El Paso, TX 79935
Phone: 915-772-7LAW
Fax: 915-629-9691
E-mail | 
