If you’ve been charged with a DWI, the most important thing you can do is speak with an experienced Texas criminal defense attorney today, as our firm can analyze every facet of your case and determine the best possible defense against your DWI charge. Please continue reading to learn more about some of the most common defenses against DWI charges.
What are some of the most common defenses against DWI charges in Texas?
There are various potential defenses against DWI charges, though some of the most common are as follows:
You were illegally stopped.
As you know, everyone on the road has rights, and if you are a licensed driver, you should understand that there is such a thing as an illegal stop. As long as our firm can demonstrate that the officer did not have a valid reason to pull you over, we may have a strong defense against your DWI charge. Our firm can also argue that there was no probable cause for a search of your vehicle, and that any evidence obtained in that search is, therefore, inadmissible in court.
You were improperly administered a field sobriety test.
When a police officer suspects that someone is under the influence of alcohol, it is his job to administer one or more field sobriety tests. Some of the most common field sobriety tests are the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. That being said, you have rights, and the officer is responsible for clearly instructing you on how to take these tests, informing you that you can remove heels, and more. If the officer did not provide clear instruction and you failed your test as a result, we may have a viable defense. Additionally, if you have a health condition that caused you to fail your test, or we can prove that the road was uneven or slippery at the time you took your test, causing you to fail, you may also have a viable defense.
The breathalyzer was improperly calibrated or test results were improperly analyzed.
At times, breathalyzer results can be disputed. If we can prove that the arresting officer either improperly calibrated the breathalyzer, that the breathalyzer was defective, or that the results from chemical testing were negligently analyzed, there is a chance that we may also use this as a defense against your DWI charge. If you have any further questions, give us a call today.
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We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.