Attorney Chris Denuna's Legal Cases

DUI and DWI

State of Texas v. C.D.B.

Dec 19, 2019

OUTCOME: DISMISSED

DWI - DISMISSED - 0.195 BREATH - My client was allegedly seen by a civilian 911 caller driving the wrong way on a one way street . Furthermore, once the officers located my client's vehicle, they all ... eged that he was passed out in a moving lane of traffic for at least 5 minutes. After 7 months of accumulating the discovery and evidence, digging deep into the officer's background, their body worn cameras, dash cameras, and speaking with witnessers, I was able to convince the prosecutors that these officers were dirty and either exaggerating facts to make a legal traffic stop on my client, or they destroyed (spoliation) the dash video and parts of the body camera video because no evidence showed that my client was driving the wrong way nor was he asleep at the wheel. By convincing the prosecutor how bad this would go in trial with me cross-examining the officer's credibility and lack of evidence coupled with the prosecutor's knowing my trail skill and experience from past trials in Harris County, I was able to convince them to DISMISS the DWI as well as the Unlawful Carrying of a Weapon (UCW). My client had a firearm in his vehicle but it's not illegal to possess one in Texas if you're NOT intoxicated. Therefore, the DA had to dismiss this case as well and return the firearm back to the rightful owner - my client. Client was very happy to get his gun back and more importantly his life as these two charges will no longer hang over his head and affect his ability for future employment. We are currently now working on getting the records EXPUNGED!

DUI and DWI

STATE OF TEXAS v. D.V.

Nov 11, 2019

OUTCOME: NOT GUILTY

0.16 Breath Test!!! Client (Plumber) is from Brenham, TX and was not familiar with the Houston area. Client was on his phone looking at his gps after leaving Whataburger. While looking downa t his ph ... one, he almost ran into a construction zone. He swerved to avoid hitting an orange construction drums. An infamous officer on the DWI Task Force pulled my client over for failing to signal lane change. The State refused to dismiss the case and we refused to plead guilty so we tee’d the case up for a jury trial. After jury selection, I made a motion to suppress based on a bad stop. I was able to convince the judge that the traffic stop was unlawful because my client was not required to signal a lane change. Judge followed the case law and agreed with me that the traffic stop was unlawful and the State was forced to dismiss the case mid-trial after the jury was already sworn in.

DUI and DWI

STATE OF TEXAS v. J.M.

Nov 05, 2019

OUTCOME: NOT GUILTY

DWI 2nd, 0.195 Blood Draw!!! Client (Construction Worker). was pulled over for speeding and running stop signs in a residential neighborhood (client really had to pee) on his way to his uncle’s house. ... When officer pulled my client over and had him exit the vehicle, my client clearly urinated on himself. Client refused all field sobriety tests and submitted to a blood draw at the police station. Because this was my client’s 2nd DWI and the high blood score, the State would accept nothing less than for my client to plead guilty. Therefore, we tee’d it up and went forward with a jury trial. During trial, I was able to show the jury during cross-examination that the forensic analyst that tested the blood (State’s Expert Witness) of the Houston Forensic Science Center did not follow the standard operating guidelines and procedures required when testing DWI blood samples with a Gas Chromatograph (GC) instrument. The jury understood how crucial following protocol was and how this could falsely elevate someone’s blood sample. Ultimately, the jury did not find the blood score credible and returned a verdict of NOT GUILTY!!

DUI and DWI

STATE v. C.D.

Jul 12, 2019

OUTCOME: DISMISSED

Prescription Drugs Blood Draw!!! Client (Registered Nurse) was in an accident rear-ending someone on Christmas Eve on her way to a friend’s house. Client did not smell of alcohol but definitely had a ... noticeable slur to her speech. For years she had been taking prescription medications for a plethora of medical conditions. The officer saw a bunch of prescription bottles in my client’s purse and in the vehicle. She did not consent to any field sobriety tests or a blood test. After the officer obtained a search warrant and executed the blood draw, I pointed out to the prosecutor that the way my client walks and talks normally is the exact same way how she looks on video. I even offered the prosecutor to speak with my client in court to confirm that to prove she was not intoxicated at the time of the accident. My client and I had nothing to hide. Lastly, the blood results came back with a plethora of prescription medications in her system, but the State could not prove that she lost the normal use of her mental or physical faculties due to drug intoxication. I educated the prosecutor that she was rather in at a therapeutic stage at the time of the accident and not a stage of intoxication. The State understood my scientific arguments, did the right thing, and dismissed the case after setting it for trial.

DUI and DWI

STATE OF TEXAS v.G.B.

May 31, 2019

OUTCOME: NOT GUILTY

0.97 Breath Test!!! Client (College Student) was pulled over for speeding on Interstate 10 at 3am in the morning. According to the officer’s report, the client admitted to consuming 5-6 beers, had a ... strong odor of alcoholic beverage, red blood-shot eyes, and slurred speech. Officer also reported that client failed all three standardized field sobriety tests. The State did not want to dismiss and, of course, we did not want to plead guilty so we took it to an jury trial. I was able to educate the jury about the scientific insufficiencies and flaws of the Intoxilyzer 9000 (breathalyzer) during cross-examination of the Technical Supervisor (State’s breath expert witness). After pointing out the margins of error these breath machines and the lack of calibration DPS administers to these machines, the jury came back with a NOT GUILTY verdict in just 26mins of deliberation!!

DUI and DWI

STATE OF TEXAS v. A.R.

Jul 23, 2018

OUTCOME: DISMISSED

0.17 Blood Draw!!! Client (Personal Trainer) was stopped speeding over 100mph on the Katy freeway after leaving his girlfriend’s apartment. The arresting officer made my client perform the field sobri ... ety tests on the shoulder of the Katy freeway. The officer notated that my client failed all three tests (HGN, WAT, and OLS). I was able to point out to the prosecutor that, on top of 60-80mph cars whizzing by my client as he performs these tests affected his performance, he is also an army veteran that was medically discharged for back and leg issues. After providing a copy of the VA medical records to the prosecutor and pointing out how these medical conditions affected his performance, prosecutor considered dismissal. Lastly, I pointed out that there was a break in the chain of custody in how the arresting police agency and forensic crime lab did not notate or know what happened to the blood vial for 5 days from the day of blood draw to the day it was actually submitted to the lab. After pointing out all those factors, the prosecutor had no choice but to dismiss.

DUI and DWI

STATE OF TEXAS v. Z.J.

Jun 21, 2018

OUTCOME: DISMISSED

0.09 Breath Test!!! Client (Surgical Technician) was on her way home from the bar and was pulled over for making a wide right turn, failing to use blinker when turning, and failing to maintain a singl ... e lane (swerving). I was able to point out to the assistant district attorney that the arresting officer did not properly administer the standardized field sobriety tests as required by their agency’s training manual, which made the officer’s grading of the tests unreliable. Furthermore, I explained the scientific flaws of the breathalyzer (Intoxilyzer 5000). Therefore, the State was unable prove that my client was above the legal limit AT THE TIME OF DRIVING and could have reasonably been below the legal limit at the time of driving.

DUI and DWI

STATE OF TEXAS v. C.W.

Mar 28, 2018

OUTCOME: DISMISSED

0.11 Breath Test!!! Client (Youth baseball coach) was stopped for speeding after seen leaving a restaurant at closing time. The arresting officer notated my client had a strong odor of alcohol coming ... from his breath, red blood-shot eyes, and slurred speech. The dash video showed otherwise. Not only did the officer improperly give the instructions of the field sobriety tests but he also had my client perform them on a slanted concrete that severely compromised his performance. Furthermore, I explained to the prosecutor that the technical supervisor (State’s breath test forensic expert) would not be able to retrograde extrapolate to prove that my client’s BrAC was 0.08 or higher AT THE TIME OF DRIVING. No matter what tthe breath score was, the State did not have the evidence to prove my client was per se intoxicated.

DUI and DWI

STATE OF TEXAS v. T.K.

Feb 20, 2018

OUTCOME: DISMISSED

0.10 Blood Draw!!! Client (Small business owner of power washing service) was found asleep in his work vehicle on the shoulder of Interstate 45 in Montgomery County. When the arresting officer made co ... ntact with my client, the officer noticed my client urinated and defecated on himself in his vehicle. Also, the officer found marijuana in the vehicle during the inventory search. Client was a total refusal and a search warrant was drafted to draw my client’s blood. I was able to point out to the prosecutor that the blood vials were affected during an improper blood draw. The phlebotomist caused hemolysis by shaking the vials, which can affect the validity and credibility of the blood test result. Also, the amount of marijuana in my client’s system would not have a psycho-active effect on my client at the time of driving. The assistant district attorney knew how crucial it is to have a quality blood score in Montgomery County, and realized he didn’t have that so he dismissed both cases.

Chris Denuna's Legal Cases (9)

State of Texas v. C.D.B.

STATE OF TEXAS v. D.V.

STATE OF TEXAS v. J.M.

STATE v. C.D.

STATE OF TEXAS v.G.B.

STATE OF TEXAS v. A.R.

STATE OF TEXAS v. Z.J.

STATE OF TEXAS v. C.W.

STATE OF TEXAS v. T.K.