Getting arrested for DWI (Driving While Intoxicated/Impaired) in Texas means that your blood alcohol level was over 0.08% or you lost normal physical or mental faculties due to ingesting alcohol or drugs. DWI is typically considered more severe than DUI (Driving Under the Influence).
Still, despite the severity of your offense, you can beat a DWI charge successfully. In fact, this favorable outcome happens every day in courtrooms across Texas.
Hiring an Experienced Criminal Defense Lawyer
So, you got arrested for DWI. What is the first thing you should do? The answer is rather simple – as soon as possible, you should get top-notch legal representation in criminal defense. Take the “as soon as possible” part very seriously, as time is truly of the essence here.
After your DWI charge, you’ll experience a two-pronged “attack.” On the one hand, a Texas prosecutor will work tirelessly to gather evidence for your conviction. On the other hand, the Department of Public Safety attorney will go after your license. The faster you seek professional help, the better your chances to “survive” this attack unscathed.
Without an experienced and assertive defense, you risk losing your license, paying hefty fines, and even going to jail. Proper defense is even more critical if this DWI wasn’t your first offense.
Completely beating a DWI charge entails getting it dismissed by the court. However, even reducing a DWI charge can be a win, depending on your circumstances. Whatever the most viable option is for your case, there’s one path toward achieving it – challenging the prosecution’s evidence.
Challenging the Evidence
In a DWI case, there can be two types of evidence – physical evidence and testimonies. Challenging the accuracy of the evidence against you is your lawyer’s most effective strategy for defending you against the DWI charge.
The Alcohol Tests
If an officer suspects you’re intoxicated, they’ll ask you to perform a field sobriety test. If you fail this test, they might perform a BAC (Blood Alcohol Concentration) or breathalyzer test. Failing any of these will get you immediately placed under DWI arrest.
However, these field sobriety tests that police use to determine whether you’ve been drinking aren’t 100% accurate. They can lead to false positives unless administered strictly according to the guidelines (and sometimes even then!). So, no wonder they can also be challenged in numerous ways during your court case.
For instance, your lawyer might use the police dash or body cam footage to prove your behavior didn’t align with the test results.
Blood and breath tests can also show false positives. Here, a positive result can be a product of numerous factors. Mishandling of the samples, an underlying health condition, your diet, and even mouthwash are some of them.
The Police Report
In the police report, you’ll find the time, date, and reason for your traffic stop and subsequent DWI arrest. Your lawyer might be able to challenge this report by questioning whether the arresting police officer had reasonable suspicion for the traffic stop and probable cause for the arrest. No reasonable suspicion means any evidence collected during the stop must be thrown out. In other words, your case will be dismissed.
Poking holes in expert and witness testimonies by finding inaccuracies and contradictions is an excellent way to weaken the prosecution’s case. The same goes for proving that the witness isn’t credible.
Every DWI Is Worth Fighting
The only thing you should never do after being arrested for a DWI is plead guilty in court. With a skilled lawyer, you have a high chance of clearing your name altogether and keeping your driving license in good standing.