Aggressive Criminal

3 strategies that can help those facing Texas DWI charges

On Behalf of | DUI/DWI |

Driving while intoxicated (DWI) charges can cause a host of challenges for those recently arrested in Texas. A DWI conviction might lead to jail time and find. A criminal judge can also suspend someone’s driver’s license, leaving them unable to get to work or meet the needs of their family members.

Many people accused of DWI offenses in Texas plead guilty. While they maintain their innocence, they want to avoid the embarrassment of a trial or assume that the penalties they face should be minimal if they cooperate with the courts. However, the best outcomes follow a successful defense, which often requires taking the matter to trial. The three strategies below are some of the most common ways for those facing DWI charges to avoid a conviction.

Challenging the traffic stop

Many times, a DWI case depends entirely on the evidence gathered in a single encounter with a police officer. If the defendant’s lawyer can prove that the police officer violated someone’s rights by conducting an inappropriate traffic stop, they might be able to exclude the evidence that the state needs to prove its case. Field sobriety tests and breath tests aren’t admissible if a police officer broke the law or violated someone’s rights before administering those tests.

Questioning police procedures

In some scenarios, the traffic stop was legal, but the police officers still did something wrong. They may have administered an unusual field sobriety test instead of one of the three standardized tests. They may have failed to properly calibrate the breath test unit used to gauge someone’s level of intoxication. Mistakes when gathering, processing or storing evidence could lead to issues with contamination or questions about the validity of that evidence. Pointing out deviations from best practices could keep certain evidence out of the courtroom.

Providing alternate explanations

Maybe the person stopped by a police officer had just experienced an asthma attack and used an inhaler. Their medication could have triggered a false positive on the breath test. Maybe they have followed a keto diet for several weeks to burn body fat or due to the instructions of their primary care physician. There are a number of medical explanations that could explain someone’s performance on field sobriety tests or why they failed a chemical breath test.

An arrest for a DWI offense is not a guarantee of a criminal conviction. Some people can secure pre-trial diversion or find ways of defending against the charges. There are many ways for people to respond to a Texas DWI charge other than just pleading guilty. Talking about the situation prior to someone’s arrest with a skilled lawyer could help them evaluate options for a potential defense strategy.