What Are the Possible Defenses Against DWI Charges in Texas?

 Posted on August 23, 2021 in Criminal Defense

The penalties associated with driving while intoxicated (DWI) charges vary depending on the circumstances of the alleged crime. If you were arrested on suspicion of drunk driving for the first time, you will likely be charged with a Class B misdemeanor. A first-time DWI conviction in Texas is punishable by fines up to $2,000, a driver’s license suspension, and a jail sentence of up to 180 days. Unlike many other states, Texas DWIs are punishable by a mandatory three days in jail. Second and subsequent DWI offenses are punishable by even longer jail sentences and higher fines.

If you were charged with drunk driving, it is important to start thinking about your defense. A criminal defense lawyer with experience in DWI cases can help you build a persuasive defense against the DWI charges using one of the following strategies or another approach according to the details of your case.

No Reasonable Suspicion for the Traffic Stop

Most DWI charges result from a traffic stop. Police are not permitted to pull over a vehicle on a whim. There must be “reasonable suspicion” that some type of illegal activity has occurred or will occur. For example, weaving in between lanes or driving well under the speed limit may lead police to suspect that a driver is under the influence of drugs or alcohol. These examples would likely constitute reasonable suspicion. Police cannot pull someone over because of their race, the type of car they are driving, or the neighborhood they are in. If police cannot point to specific reasons for the initial traffic stop, the reasonable suspicion standard may not be met and the charges may be dismissed.

No Probable Cause for the DWI Arrest

In order to arrest you for drunk driving, the police must have “probable cause.” This means that there must be some type of evidence that points to illegal activity. The smell of alcohol on the driver’s breath, bloodshot eyes, and slurred speech may be evidence of drug or alcohol use. Again, if the police did not have probable cause for the DWI arrest, the charges may be dismissed.

Inaccurate Blood and Breath Alcohol Tests

Often, DWI charges are based on the results from a breath alcohol test such as a breathalyzer or a blood test. Chemical blood alcohol content (BAC) tests are not always accurate. Breathalyzers inherently have a margin of error and may also be inaccurate if the devices are not properly calibrated and maintained. Blood test results may be inaccurate if the blood is not obtained and stored correctly.

Contact a Llano DWI Defense Lawyer

To learn more about the possible defenses to DWI charges in Texas, contact a Marble Falls DWI defense attorney from the Law Office of Russ Alan Baker, LLC. Call 325-216-2006 for a free, confidential consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.8.htm