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I am Jim Butler, and I hold a Board Certification in DUI Defense from the DUI Defense Lawyer's Association. Additionally, I have been designated as an ACS-CHAL Forensic Lawyer Scientist by the American Chemical Societies. My understanding of the science behind breath and blood alcohol testing allows me to effectively use this knowledge to benefit my clients. I am also certified by The National Highway Traffic Safety Administration (NHTSA) in the Administration and Interpretation of the Standardized Field Sobriety Test Battery, and by the International Association of Chiefs of Police (IACP) as an Instructor of the Standardized Field Sobriety Tests. I am well-versed in the proper administration and scoring of sobriety tests by police officers, ensuring that they adhere to correct procedures.

In 2013, I graduated from The Trial Lawyers College in Dubois, Wyoming, where I was trained by the legendary criminal defense lawyer Gerry Spence on how to uncover and articulate the client's story. I am a Founding Member of the DUI Defense Lawyer's Association and belong to several prestigious organizations including the National College for DUI Defense, The Texas Criminal Defense Lawyer's Association, and The Harris County Criminal Lawyer's Association. Additionally, I am a Member of The College of The State Bar of Texas, "a professional society of legal scholars who are leaders in the Texas legal community and champions of legal education."

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  A consultation with me is free of charge. If you decide to hire me, I charge an affordable "flat rate fee." That means you will know the entire cost of legal representation, so you can budget accordingly. I accept all major credit and debit cards, and in most cases, payment plans can be arranged.
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  I charge an affordable "flat rate fee", and payment plans can be arranged in most cases, to help with the cost of legal representation.

Texas

Since 1993

Owner

Butler Law Firm

1993 - Current

For over 30 years, The Butler Law Firm has helped people charged with DWI.

South Texas College of Law

J.D. (1992)

Baylor University

B.A. (1988)

Certificate of Completion Forensic Chromatography XXIX: Theory and Practice

Axion Labs

2023

I went back for a second helping of Gas Chromatography (and Chicago Pizza).

The ACS Forensic Lawyer-Scientist Designation

American Chemical Society

2023

The ACS Forensic Lawyer-Scientist Designation as recognized by the Chemistry and the Law Division of the ACS

DUIDLA Board Certification in DUI Law

DUIDLA - The DUI Defense Lawyers Association

2018

I was one of the first three lawyers in the country to pass the DUIDLA Board Certification exam.

Graduate of the Gerry Spence Trial Lawyers College at Thunderhead Ranch, Dubois Wyoming

The Trial Lawyer College

2012

I took three weeks out of my life to learn how to discover and tell the client's story from Gerry Spence at the Trial Lawyers College at Thunderhead Ranch, Dubois, Wyoming.

DWI Detection and Standardized Field Sobriety Testing Instructor Course

NHTSA and the International Association of Chiefs of Police

2011

I completed the course where officers learn how to teach the standardized field sobriety testing battery to other officers.

DUI Defense Lawyers Association (DUIDLA)

Founding Member

2014 - Current

National College of DUI Defense (NCDD)

1995 - Current

National College of DUI Defense (NCDD)

1995 - Current

Texas State Bar  # 00785738

Member

1993 - Current

Texas Criminal Defense Lawyers Association

Member

1993 - Current

Using Science In DWI Trials - Using the State's Elimination Rates To Build Your Closing Argument

Counterpoint - The Journal of Science and the Law, Vol. 7, Issue 3, Article 4

November, 2023

Preparing Your DWI Case For Trial, DUIDLA Fall Seminar, Austin, Texas

September 5, 2024

DUIDLA

I spoke to DWI Lawyers from across the country on DWI trial preparation. I shared how I prepare a DWI case for trial, from initial investigation to trial preparation, including winning strategies for defending DWI breath and blood test cases.

Using Science to Win in Trial, Top Gun DWI Defense, Austin, Texas

2018

Texas Criminal Defense Lawyers Association

I presented on a method I had used in trial, which manipulated elimination and absorption rates to suggest alternative possible BAC results.

ACS-CHAL Forensic Lawyer Scientist

American Chemical Society

2023

Board Certified in DUI Defense

DUI Defense Lawyers Association

2018

Q. If blood is drawn before warrant is issued is it admissable in court

January 13, 2025

A: So was there a warrant for the blood draw, but the blood draw took place before the warrant was actually signed? I need more information to better answer your question. Nowadays where search warrants are sworn out over the phone, and fax machines are employed - mistakes in procedure can happen. The question is whether that mistake calls for suppression of the blood evidence. Unfortunately, the trend in Texas courts seems to be to find any reason whatsoever to justify law enforcements pursuit of DWI convictions.

Generally, the taking of a specimen of breath or blood is governed by the Texas Transportation Code, Section 724.012 which is the Texas Implied Consent statute. When you sign your drivers license you agree that if an officer asks you for a sample of your breath or blood, you agree to provide a sample. If you refuse, you are informed that you could lose your license, and that the officer can apply for a warrant to take blood. In Harris County, where I practice , blood warrants are routinely issued in DWI cases. There are limited exceptions where law enforcement officers can obtain a sample without a warrant. As a general rule, to comply with the Fourth Amendment, a search of a person's blood pursuant to a criminal investigation, requires a search warrant or a recognized exception to the warrant requirement, and must be reasonable under the totality of the circumstances. In DWI cases, the Supreme Court has recognized that the Fourth Amendment is implicated because the collection of a suspect's blood invades a substantial privacy interest, and the "exigent circumstances" exception to the search-warrant requirement is not established merely by showing that evidence of alcohol naturally dissipates from the body with the passage of time. It could be possible that a warrantless search of your blood was justified if it fell within a recognized exception to the warrant requirement. But that's where you need a lawyer to review the evidence in your case and make that determination. Was there an accident? Were you unconscious when the blood was drawn? There is case law in Texas that says if you were unconscious, you are deemed to not to have withdrawn the "implied consent" you gave when you signed your drivers license, to allow the State to draw your blood. Also, if you consented to a blood test, your consent disposes of their need to obtain a warrant - assuming your consent was free and voluntary and not the result of threats or coercion.

So talk to a lawyer, many will offer a free consultation - and see what they have to say about your situation. I hope this answer helped. ... Read More

Q. Texas Collin County. Should I have a lawyer present for a DWI Bond violation hearing?

January 2, 2025

A: In a word Yes! A bond is what is keeping you out of jail right now, and they are trying to take that away from you. When your freedom is at stake, you hire a lawyer. One who is familiar with the Judge and the prosecutors in your jurisdiction. They can review the evidence supporting the State's motion to revoke your bond - and challenge it. I recently was involved in a motion to revoke bond where the allegation was that my client tampered with a "SCRAM" device. That's an electronic cuff worn around the ankle that monitors perspiration for alcohol. Long story short, we were able to show that the client was in bed asleep during the times tampering was alleged. The motion to revoke was vacated, and my client continued on bond. So I think it is worth hiring a lawyer to speak on your behalf. Even if you messed up, they may be able to mitigate the consequences of your actions.

. ... Read More

Q. What case would include two perspectives for a dwi project?

January 1, 2025

A: Case law is made when someone appeals a ruling from a lower court - usually the trial court - to the appellate court. In a criminal case, the appellate court will consider the arguments of both the Defense and the Prosecution, and then render a decision to either uphold the trial courts ruling or reverse the trial court's ruling. If that decision is published, it becomes a case that we use as guidance. Case law interprets the rules we play by. Go to Google Scholar and search Texas Case Law, then enter these citations: (1) Boyle v. State, 778 SW 2d 113 - Tex: Court of Appeals 1989, and (2) Reddie v. State, 736 SW 2d 923 - Tex: Court of Appeals, 4th Dist. 1987. These two cases discuss the proof required to convict someone of DWI - specifically addressing the issue of "operation of the vehicle." These are two great cases to get you started.

There are many cases out there that you can look at using Google Scholar. Just be sure to search cases in the jurisdiction you are interested in. These cases are out of Texas. Happy New Year and good luck with your paper. ... Read More