Six DWI Defense Strategies in Llano County

 Posted on September 27, 2022 in Criminal Defense

In Texas, even a first-time conviction for driving while intoxicated (DWI) can lead to thousands of dollars in fines, mandatory jail time, and loss of driving privileges for up to a year. If you or a loved one were charged with drunk driving, you will want to understand the potential defense strategies a skilled DWI defense attorney may use during the case. Depending on the specific circumstances of the DWI traffic stop, arrest, and chemical BAC tests, it may be possible to avoid conviction or even get the charges dismissed.

Common Defenses Against Drunk Driving Charges in Texas

To convict someone of DWI, the prosecution must prove the elements of DWI beyond a reasonable doubt. An experienced criminal defense lawyer may use many different strategies to cast doubt on the defendant's guilt.

These include, but are not limited to:

• Questioning the reason for the initial traffic stop - The police officer must have had "reasonable suspicion" of criminal activity to stop the driver. Police cannot stop someone on a "hunch" or baseless feeling. If the stop was illegal, any evidence obtained after the stop may not be admissible in court.
• Challenging the results of field sobriety tests - Standardized field sobriety tests (SFSTs) are subjective and often inaccurate, especially if the officer did not administer them properly or if the driver has a medical condition that affects balance.
• Attacking the accuracy of chemical BAC tests - Chemical breath tests and blood tests are also subject to error. The machines used to test BAC levels must be regularly calibrated, and even then, these machines may produce false readings. If the machine was not working properly, the results may be inaccurate.
• Questioning the timing of BAC testing - Rising BAC levels can produce false readings if the test is administered too long after the person was driving.
• Arguing the arresting officer did not have probable cause to make an arrest - The police officer must have had "probable cause" to believe the driver was intoxicated before making an arrest. If the officer did not have probable cause, the arrest may be illegal, and any evidence obtained after the arrest may not be admissible in court.
• Challenging the reliability of blood alcohol tests - There are many ways that blood alcohol tests can be inaccurate, from fermentation to improper storage. If the prosecution's evidence relies heavily on a blood test, an experienced DWI defense lawyer will know how to challenge the results.

Contact Our Llano County DWI Defense Lawyer

Contact Llano criminal defense lawyer Russ Alan Baker if you or a loved one were charged with drunk driving. Mr. Baker can evaluate your case and develop a strong defense strategy. Call 325-216-2006 and schedule a consultation today.

Source:

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