Well, here we go again. Another Law Enforcement Officer arrested and charged with DWI, this time out of Montgomery County. At least the Defendant in this case was off-duty at the time of his arrest. Expect a letter of resignation or an official termination to come soon if indeed Deputy Flynn is convicted of this charge.
BUT: Just because the good Deputy was arrested and charged does not mean he is guilty! Mr. Flynn deserves and will get the best defense he possibly can. This is what makes the American justice system the best in the world. We are all (supposedly) treated equally in the eyes of the law.
Even if (and this is a big “if”) the breath test result in this case is accurate, the State still bears the burden of proving Beyond A Reasonable Doubt that Mr. Flynn was over the legal limit at the time he was stopped for speeding. Any DWI attorney worth their salt can put this defense on if they know what they are doing. I have won many cases using this defense.
It will be interesting to see what the blood results come back at, and if they are any different than what the breath test tells us. In my experience these numbers can vary greatly. Why is that? Scientific uncertainty, timing, mouth alcohol, and many, many other factors.
The point is, even if you are arrested and charged with DWI, either in Houston, Harris County, or Montgomery County, you can and should FIGHT the case. There are many ways to fight and win a DWI case.