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Description: El Paso, Texas criminal defense lawyer represented Defendant charged with driving while intoxicated (DWI) with a blood-alcohol concentration (BAC) equal to or greater than 0.15.

El Paso County - El Paso, Texas

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On the evening of December 6, 2019, Jesus Holmes was driving in El Paso, Texas, with his wife Flor Holmes when they noticed a brown Ford F-250 truck "consistent[ly]" swerving between lanes. As the truck continued on the road, Jesus and Flor saw it partially go off the street causing the motorist to overcorrect with a hard left turn, resulting in the truck jumping the curb and almost flipping over. The truck also momentarily went into the wrong lane of traffic. Jesus flashed his lights in an attempt to get the motorist's attention because he was "afraid that [the motorist] would kill himself, kill somebody else or there'd be a major accident where I wouldn't be able to avoid it." Flor called 911 to report the motorist's erratic driving.

The motorist, later identified as Appellant, eventually pulled into a Valero gas station, spent several minutes searching for something in the passenger compartment of the truck, exited the truck, and walked into the store. Jesus parked his vehicle, and he and Flor continued to watch Appellant from a distance. Flor only saw Appellant exit the brown truck. Both Jesus and Flor positively identified Appellant in the courtroom as the person who was driving the truck at the time in question.

Horizon City Police Department Sergeant Kennen Greseth was dispatched to the Valero to investigate Appellant. Upon arriving, Sergeant Greseth spoke to Jesus, who pointed out Appellant as the driver of the truck. Sergeant Greseth did not see another person in the truck. After Appellant came out of the convenience store holding a bag containing two beers, Sergeant Greseth noticed that Appellant looked at him in a "suspicious" manner and began walking in the other direction. After making contact with Appellant, Sergeant Greseth noticed Appellant smelled of alcohol, had slurred speech, and was unable to maintain his balance. Appellant repeatedly denied driving the truck and told Sergeant Greseth that his cousin was driving the truck but that his cousin had left. According to Sergeant Greseth, several other people appeared during the encounter and told the officer they had been drinking with Appellant at a restaurant. Sergeant Greseth asked Appellant to perform standardized field sobriety tests (SFSTs), but Appellant refused. Sergeant Greseth arrested Appellant for driving while intoxicated. Appellant agreed to provide a sample of his breath; subsequent testing at the police station yielded BAC results of 0.159 and 0.160 approximately one hour after the encounter began.

Outcome: Defendant was found guilty and his conviction was affirmed on appeal.

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