According to the Federal Bureau of Investigation, about 1,024,508 people were under arrest for driving while intoxicated in 2019. Since that estimate, the numbers of DWI offense accusations remain steady to this day.
However, just because they charge you with a DWI offense doesn’t mean you are guilty. If someone charges you with a DWI in Texas, hiring a lawyer is in your best interest.
These skilled attorneys know how to fight charges that may get you off. They specialize in the different ways to contest the charge against you.
Learn more about DWI defense strategies here.
1. Was There Cause for Arrest?
The first thing a Texas DWI defense lawyer will contest is the cause for arrest. For a police officer to arrest you or search your car, they must have probable cause that there is a crime.
Under the Texas and United States Constitution, you have rights that protect against an unwarranted search, seizure, and detainment. Officers cannot make snap judgments about drivers and assume they are under the influence without evidence.
2. Was There Cause for a Blood Warrant?
Because officers hold a position of power, people tend to assume they can search and seize as they wish. However, they cannot take a blood sample without your consent. Remember, you always have the right to refuse.
However, it is critical to note that refusing a blood draw could get your license suspended. If this happens, you have to fight the suspension at a Texas ALR hearing.
3. How Was the Blood Collected?
Along with the blood warrant, you want to consider the methods they used to draw your blood. What kind of procedures did they follow?
You also want to consider how they transferred the blood and where they stored it. If there are contaminants within the sample, or if the samples get mixed up, it is no longer viable evidence.
4. What Is the Breath Evidence?
In Texas, the state considers you intoxicated if your blood alcohol concentration is 0.08% or higher. But several factors could inhibit accurate results from the breath analyzer.
For instance:
- Is the breath machine calibrated?
- When was the breath machine last inspected?
- Is the operator trained?
- Did they follow protocol?
Remember to also look at the deviation between your breath test and the blood samples. If there is a wide gap between your results, an officer would have to take a third to meet the mandated results that must measure around +/-.20 g/210 L. If he did not, then this evidence is subject to exclusion.
5. How Was the Field Sobriety Test Conducted?
Was the field sobriety test explained to you? Some people don’t understand what the police officer is telling them to do. So, they end up taking the sobriety test without consent or knowledge of what it means.
If you feel like you did not understand the sobriety test instructions, a DWI defense lawyer can pull up the officer’s body cam video. If it shows that the officer didn’t meet protocol or that the explanation about the test was vague, it might not be eligible for court.
Hire a DWI Defense Attorney
As you can tell, there are several ways for you and your DWI defense attorney to battle against unjust charges. Be sure to bring up issues like proper procedures while taking blood and whether there was probable cause for your arrest.
These are the defense strategies that often help people get off and have their charges removed from their records. We hope this brief guide helped you understand what your options are for a DWI.
At Hamilton and Grant Law firm, we want to help you clear your name. If you have a DWI charge against you, don’t hesitate to contact us so we can begin building your defense today.