3 DWI Defenses to Know if You Are Facing Criminal Charges in Texas

 Posted on August 21,2020 in DWI

Getting pulled over, arrested, and charged with driving while intoxicated (DWI) may leave you assuming that your charges will lead to a conviction. You likely blew into the breathalyzer, received above a 0.08 percent blood alcohol concentration (BAC) reading, and believe that the prosecutor has an air-tight case against you. While this reading may be enough for some cases, working with a reputable DWI defense attorney can significantly alter the results of your case. Some drivers may presume that this 0.08 BAC means they are automatically guilty and falsely believe that hiring an experienced defense attorney is not worth their time. Regardless of the evidence against you, your criminal defense lawyer’s experience with cases like yours can change your future for the better.

Defense Strategies

What criminal defense attorneys bring to the table is well-thought-out, past-proven defense strategies. These strategies can change depending on the criminal charges and evidence involved in your case. The following are three strategies that a reputable attorney will likely utilize for DWI cases:

1. Traffic Stop Legality: You may think that the police can pull you over whenever they suspect something is off. However, this is actually not the case. A law enforcement officer must have witnessed a traffic violation or have evidence that leads to reasonable suspicion to believe that you may be committing a crime; in this case, DWI. Evidence pointing to reasonable suspicion for DWI might be your car continuously drifting between lanes, leading the officer to believe that you are impaired and unable to drive safely. However, if you were not showing any signs of impairment, and the officer simply suspected that you may be under the influence since you are driving in the middle of the night, this can lead to unconstitutional seizure and the dismissal of the prosecution.

2. Accuracy of Testing: If an officer believes that you are driving under the influence, he or she will likely ask you to submit to a breathalyzer test or a field sobriety test. A breathalyzer test involves a handgun-shaped measurement tool that you will blow into, which provides the officer with a reading of your BAC. Field sobriety tests involve you walking in a straight line, thus proving your ability to safely drive. With breathalyzer tests, there is always the possibility that the result is inaccurate. If the machine is old or not properly maintained, it may provide false test results. Field sobriety tests also prove unreliable. Since the “results” of the test are solely subjective, your attorney can argue against using this evidence in your case, as well as asking for additional proof of the breathalyzer’s capabilities. 

3. Health Factors: Similar to the defense listed above, BAC testing may be inaccurate based on a number of factors, the driver’s health background included. In fact, people who have Gastroesophageal Reflux Disease (GERD) can consistently receive inaccurate test results. For those with this medical condition, the alcohol from their stomach interferes with the test’s ability to accurately identify their BAC level. Individuals with Type 1 diabetes can also have testing inaccuracies. Individuals with this condition can have acetone in their blood, which can transfer to their lungs and is indistinguishable from alcohol on their breath. Be sure to disclose your health history with your attorney, as there may be other factors that impacted your test results.

Contact an Atascosa County DWI Defense Lawyer

The penalties that follow a guilty DWI charge in Texas can be severe and life-changing. In some instances, you may only lose driving privileges and face fines, while in other cases, lengthy incarceration may be a possible sentence. Whether it is your first or subsequent DWI charge, BRCK Criminal Defense Attorneys is here to help you. We have a collection of defense strategies at our disposal and are prepared to use them for your benefit. If you are facing DWI or any other criminal charges in Texas, contact our Pleasanton criminal defense attorneys today at 830-769-1010 to schedule your free consultation.

Source: 

https://www.alu.edu/defense-strategies-to-know-in-dui-case/