Receiving a DWI can be a stressful, sometimes even overwhelming experience. However, a wide array of potential strategies may be employed in challenging a DWI charge. Please continue reading and contact the skilled Houston DWI lawyers at The Sparks Law Firm to learn more.
Top Strategies for Challenging a DWI Charge in Texas
Contesting the Traffic Stop
Challenging the legality of the initial traffic stop often serves as a critical strategy in DWI cases. Law enforcement must have a legitimate reason, known as probable cause, to stop any driver. If an attorney can demonstrate that the stop lacked legal basis, evidence obtained during the stop may become inadmissible in court. This approach hinges on a detailed examination of the officer’s stated reason for the stop, comparing it with legal standards. Successfully contesting the stop can lead to a significant advantage in a DWI case.
Disputing Field Sobriety Test Results
Field sobriety tests (FSTs) are another point of contention in DWI defenses. These tests are designed to assess a driver’s balance, coordination, and ability to perform tasks, indicating impairment. However, several factors can affect the reliability of these tests. For instance, certain medical conditions, footwear, road conditions, or even nervousness can impact performance. An attorney might argue that FST results were influenced by these external factors, casting doubt on their reliability. By challenging FSTs, the defense can weaken the prosecution’s evidence of impairment.
Disputing Breathalyzer and Blood Test Results
Breathalyzer and blood tests are commonly used to measure a driver’s Blood Alcohol Content (BAC). Despite their widespread use, these tests are not infallible. For a breathalyzer test to be accurate, it must be calibrated properly and administered correctly. Similarly, blood tests require proper handling and storage to maintain integrity. An attorney can scrutinize the testing process, seeking any procedural errors or mishandlings that could compromise the results. Highlighting these potential flaws can be instrumental in casting doubt on the BAC evidence presented.
Using Witness Testimony to Your Benefit
Witnesses can provide crucial insights into a DWI case. The testimony of individuals who observed the defendant before or during the arrest can offer a different perspective on the defendant’s level of impairment. These witnesses might include bartenders, friends, or even bystanders. Defense attorneys often use this testimony to contest the prosecution’s narrative, especially when it contradicts observations made by law enforcement. The inclusion of witness accounts can add depth and context to the defense, potentially swaying the outcome.
Arguing that Law Enforcement Violated Your Constitutional Rights
The violation of constitutional rights forms a potent argument in DWI defenses. This approach examines whether the defendant’s rights were infringed during the arrest or investigation. Any evidence obtained through rights violations, such as unlawful search and seizure or failure to read Miranda rights, may be deemed inadmissible. An experienced lawyer will meticulously review the case for such violations, as their identification can significantly impact the case’s direction.
