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DWI/DUI Defense Strategies with Michael Aronson Choosing the Right Representation The interview begins with Michael Aaronson offering advice to prospective clients who have been arrested. He emphasizes that the most critical step is hiring an attorney with whom the client feels both comfortable and confident. Aaronson advises meeting potential lawyers in person or via video call to gauge their demeanor. He warns against hiring attorneys who are difficult to contact or fail to explain options clearly, noting that communication is key to a successful attorney-client relationship. Defining the Charges: DWI vs. DUI Aronson clarifies the legal distinction between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) in Texas: DWI: This is a criminal offense where the state alleges a person drove a vehicle on a public highway while legally intoxicated. "Intoxication" is defined by the state penal code 49 as having a Blood Alcohol Content (BAC) of 0.08 or higher, or the loss of the normal use of physical or mental faculties. DUI: This charge generally applies to individuals under the legal drinking age of 21. It is illegal for minors to drive with any detectable amount of alcohol or drugs in their system. Unlike DWI, "intoxication" is not required for a DUI charge; the minor simply needs to be "under the influence." Field Sobriety Tests (FSTs) The discussion moves to how officers establish intoxication during a traffic stop. Aaronson details the three standard tests officers are trained to administer: Horizontal Gaze Nystagmus (HGN): The officer checks for "nystagmus," an involuntary jerking of the eyeball that occurs when the eye follows a stimulus (like a pen or finger) to the side. Walk and Turn: This tests the suspect's ability to follow specific instructions and maintain balance. The individual must take nine heel-to-toe steps, turn in a specific manner, and return. It is graded on balance and the ability to remember instructions. One-Legged Stand: The suspect must lift one foot and count while standing on the other. Officers look for swaying, using arms for balance, or putting the foot down. Aaronson also notes that if a person's BAC is 0.15 or higher, the punishment grade increases, and the court may mandate the use of an ignition interlock device (a breathalyzer connected to the car's ignition). Legal Strategy and Outcomes Once retained, Aaronson’s process involves evaluating the legal evidence, negotiating with the District Attorney, and presenting options to the client. While the client makes the final decision, Aronson provides recommendations based on the goal of long-term record clearing. He explains that jury trials are recommended in only about 5% to 10% of his cases. The primary objective is often to resolve the case in a way—such as through diversion programs or deferred adjudication—that allows the client to later apply for an Expunction (erasing the record) or an Order of Non-Disclosure (sealing the record). Pre-Trial Restrictions While clients are innocent until proven guilty and can generally continue driving with a valid license, Aaronson highlights strict rules for repeat offenders. If a person is arrested for a second DWI, the law requires them to use an alcohol detection device (either in the car or a portable unit) and strictly prohibits the consumption of alcohol while the case is pending. Contact Information The Aaronson Law Firm is located in El Paso, Texas. Address: 7362 Remcon Circle, El Paso, TX 79912 Phone: 915-533-0110 Website: AaronsonlawTx.com