Is It Possible to Beat a DWI Charge in Texas?

man drinking while driving

When charged with driving while intoxicated, the penalties you can face are severe. Not only do you face this following you for the rest of your life, but you can expect hefty fines and the potential for jail time. Whether you’re guilty or not, if you’re facing charges, it’s essential to understand what you can do to evade facing harsh consequences. Keep reading to learn more about how Houston DWI defense attorneys can help you navigate the charges against you and what possible defenses they will explore on your behalf.

What Constitutes a DWI Charge in Texas?

Driving while intoxicated is a serious charge in Texas. If you have a blood alcohol concentration (BAC) of 0.08% or higher while operating a motor vehicle, you will automatically face a DWI charge. However, if your BAC is less than the legal limit, but you demonstrate inebriation which affects your ability to drive, you can still face this charge.

It’s also important to note that individuals under the age of 21 will receive a DUI, or driving under the influence charge, when they have a BAC of 0.01% or higher.

Generally, the police will look for signs of intoxication, such as slurred speech, slowed movements, delayed reactions, bloodshot eyes, or the scent of alcohol. If the officer suspects the driver is intoxicated, they may conduct a breathalyzer or field sobriety test to confirm their suspicions.

Are There Any Possible Defenses to Beat a DWI Charge?

Whether or not you are guilty, the most important thing you should do when facing a DWI is to contact an attorney. They have the means to explore all possible avenues for a defense to fight the charges against you.

One possible defense is that the breathalyzer device used to obtain your BAC was unreliable. This may be because it is not calibrated properly, broken, or the officer administering the test did so improperly.

Another common defense is that there was no probable cause for the traffic stop. For example, if you were driving and abiding by the rules of the road, a police officer cannot pull you over because they simply believe you are operating a vehicle under the influence because you are on the road at 1:30 in the morning. As such, none of the evidence gathered can be used against you, as this is considered a violation of the 4th Amendment. As such, it is deemed an unlawful search and seizure. This includes your BAC collected at the scene or anything you said to the officer.

If you’re facing a DWI charge, you must contact the Gonzalez Law Group as soon as possible. Our dedicated legal team will do everything possible to help you evade the charges. Contact us today to learn more about how we can assist you through this process.