Defense Strategies for Beating a DWI Charge in Marble Falls

 Posted on January 14, 2023 in Criminal Defense

As with many other states, Texas treats driving while intoxicated (DWI) with the utmost seriousness. If you are pulled over, arrested, charged, and convicted of even a first-time DWI, you will likely face thousands of dollars in fines and mandatory jail time and may lose your driving privileges for up to a year. If that has happened to you, it is critically important that you retain the legal services of an experienced DWI attorney. This blog will delve deeper into possible defense strategies that you and your DWI attorney may be able to implement in your case so that you can avoid being convicted and face the related consequences. 

Defense Strategies for Drunk Driving Charges in Texas

For someone to be convicted of DWI, the prosecution must prove beyond a reasonable doubt the different elements that constitute a DWI charge. An experienced DWI attorney will utilize different defense strategies to cast doubt on the prosecution’s claim that the defendant is guilty of DWI.

Common defense strategies that may be used include but are not limited to: 

• Challenging the basis for the initial traffic stop – When a police officer pulls a driver over, the officer must have something called “reasonable suspicion.” That is, they must have reasonable suspicion that the driver they stopped has broken the law or is engaging in some criminal activity. The police officer cannot pull a person over randomly. So, if the initial traffic stop was illegal, any evidence obtained after the stop may be deemed inadmissible in court. 
• Contesting field sobriety results – Field sobriety tests are not always as accurate as they are made out to be. This is especially true if the officer administered the test incorrectly or if the officer used a non-standardized test in your case. There are also situations where the driver may have a medical condition that affects their balance, which may make it appear to the officer as if they are intoxicated when they are not.
• Contesting results of chemical BAC testing – Like with standardized field sobriety tests, chemical testing can also be subject to errors. For example, if the machine used to test BAC has been incorrectly calibrated, it may produce a false reading. In addition, if the machine malfunctions, this too may produce an inaccurate reading.
• Contesting the police officer’s reasonable cause to arrest – The police officer must have probable cause to arrest a driver if they believe they are driving while intoxicated. If the police officer did not have reasonable cause, the arrest might be deemed illegal, which means that any evidence obtained will not be admissible in court.
• Contesting the reliability of blood alcohol testing – Blood alcohol tests can produce incorrect results due to fermentation of the blood or even improper storage. If the prosecution relies heavily on the results of the blood alcohol test, a knowledgeable DWI lawyer will understand whether and how to contest the test results.

Contact a Fredericksburg DWI Defense Lawyer

Do not let a DWI conviction derail your life. If you have been arrested for DWI, consider contacting the highly skillful Llano DWI defense attorney  at Law Office of Russ Alan Baker, PLLC. Call 325-216-2006 for a private consultation.

Source:

https://www.txdot.gov/safety/driving-laws/impaired-driving.html