Driving While Intoxicated with a BAC of .15 or higher (Texas Penal Code Section 49.04)
Defendant in this case was charged with DWI with a blood-alcohol concentration of .15 or higher in the County Court at Law No. 11 of Bexar County, Texas. Donald H. Flanary, III., and his associate, Amanda I. Hernandez, were able to show the jury that the defendant’s actions on the police video were at odds with the alleged blood-alcohol concentration. Don Flanary was able to challenge the science behind the testing and showed his expertise in DWI law to the jury. The jury was able to see that there was a disconnect between the alleged BAC and the video evidence and found the defendant not guilty at trial.