Attorney
Have you been charged with a DWI in Texas? The State takes DWI and other offenses related to driving under the influence of drugs or alcohol very seriously. The potential penalties you face should you be charged with a DWI are severe and can have a lasting impact on life as you know it. As such, you should be prepared to mount a strong defense against the DWI charge. Here are some of the most common defenses raised against a Texas DWI charge.
Common Defenses to a Texas DWI Charge
For starters, challenging the validity of tests administered during a DWI stop or thereafter is a very common, and often effective, defense strategy in combatting a DWI charge. Field sobriety tests, for instance, are often used in showing that law enforcement had the evidence needed to arrest an individual for a suspected DWI. Field sobriety tests are also used as evidence in the proceeding case to show that the individual was, in fact, intoxicated while driving. The truth is, however, that field sobriety tests can be wildly unreliable for a number of reasons. The person administering the test may not have been properly trained to administer those types of tests or failed to account for any medical conditions the person may have had or the weather conditions at the time of test administration.
Challenging blood and breath tests is also common in a DWI defense strategy. Many errors can be made in these kinds of tests. Law enforcement may have improperly executed the tests. There could also be errors at the lab such as failing to properly conduct the blood tests. Any such errors in the administering or processing of blood and breath tests is likely to result in a judge throwing out the evidence which could seriously weaken any case the State has against you regarding the DWI charge. After all, it is the State that carries the burden of proving your guilt beyond a reasonable doubt, the highest legal standard there is.
In general, finding ways to undermine the State’s evidence against you or to have the evidence tossed out altogether can be a very effective defense strategy in a DWI case. In certain circumstance, you may be able to effectively assert that law enforcement lacked probable cause and, thus, your arrest was in violation of your constitutional rights. For instance, any law enforcement officer who makes a traffic stop, must be able to show that they had probable cause to do this. This means that the officer must be able to demonstrate that it was more likely than not that a person was committing a crime or had committed a crime. If you can effectively challenge the law enforcement officer’s testimony and supporting evidence, then the arrest itself can be challenged. The charge may be thrown out completely.
Criminal Defense Attorneys
Are you facing a Texas DWI charge? Turn to the team at Navarrete & Schwartz to fight for you. We are proud to serve the residence of Midland, Texas. Contact us today.