Common effective defenses to DWI in Texas

| Aug 19, 2018 | Firm News

Facing criminal charges of any kind can be overwhelming. You may think that the best course of action is to go along with whatever deals the prosecution offers. Maybe you feel that the evidence against you is too solid to fight or that the least consequences come with cooperation.

However, you do not need to resign yourself to any certain fate. No matter your circumstances, the outcome of your case is not set in stone. You have rights and you have defenses that may lead to favorable results. If you receive DWI charges in Texas, these are just a few of the defense options you may have.

Illegal stop

Perhaps the police officer had no right to pull you over in the first place. Whether the original reason was for a traffic violation or suspicion of drunk driving, the officer may have made a mistake. Proving this lack of probable cause can lead to the whole case against you disappearing or going down to just a minor infraction. The police may make errors in other parts of the process as well, such as not reading you your rights or using illegal interrogative tactics. 

Inaccuracy of field sobriety tests

Police may use a field sobriety test to determine your intoxication. These tests are neither mandatory nor accurate. Many factors can invalidate them, such as the following:

  • The environment in which the test took place (darkness, uneven ground, nearby traffic)
  • Medical conditions you have that affect balance and coordination
  • Side effects of OTC medications
  • Weight and health
  • Anxiety or nervousness
  • The clothes and shoes you are wearing
  • The training of the officer conducting the test

Showing that any of these factors contributed to a “failed” roadside test can help your case.

Improper chemical testing

If you had to take a blood or breath test that yielded positive results, you are not doomed to a conviction. Mistakes happen with calibration and administration of breath test devices, as well as the storage and testing of blood samples.