Texas DWI Defense Attorney Shares Three Possible Elements of a DWI Defense Strategy

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The circumstances of each DWI case are unique. However, within each DWI case, there are similarities between that case and other DWI cases that can provide a skilled DWI defense opportunity with opportunities to challenge the State’s case against the defendant. Today, I would like to share three possible areas of your DWI case that your attorney might be able to use to challenge the validity of the State’s case against you.

The first challenge to your DWI charges could come from something that happened even before you were pulled over. The law enforcement officer who stopped you must have had a reasonable suspicion that you were breaking one or more laws. Things like speeding or swerving can contribute to an officer’s reasonable suspicion. Courts tend to accept most officers’ explanations of why they had a reasonable suspicion that a driver was violating one or more laws. Sometimes an officer cannot articulate why they stopped a driver or which law they suspected the driver of breaking, so drivers must be aware of the possibility of a challenge to the traffic stop itself. If a court finds that there was not a reasonable suspicion behind an officer’s decision to pull a driver over, any information or evidence that the officer obtained during that traffic stop is inadmissible and cannot be used in a case against the defendant.

A second opportunity to challenge your DWI charges comes from the officer’s decision to continue the traffic stop for a longer time than they needed to write you a ticket. An officer must have probable cause to believe that you are intoxicated before they continue to keep you stopped on the side of the road to investigate the situation further and possibly arrest you. Things like open alcohol containers, bloodshot eyes, and slurred speech can contribute to probable cause. If a defendant can show that the officer did not have probable cause to continue the traffic stop and make the arrest, a court could decide that the arrest was unlawful. Evidence and charges that result from an illegal arrest can be challenged. If the State has too little evidence to pursue a case against a defendant, the charges against that defendant may be dropped.

Law enforcement officers must make arrests in accordance with all applicable laws, without violating the constitutional rights of the defendant. For example, if the officer who pulled you over did not read you your rights, you can challenge the lawfulness of the arrest. A skilled Texas DWI defense attorney can identify possible challenges to the State’s case against you and build a defense strategy that could reduce the State’s chance of success in its case against you. To learn more about how a Texas DWI Defense Attorney can help you work through your DWI case, call Attorney Alex Tyra today. Call us today at (903) 753-7499, or fill out a convenient online contact form on our website.

Texas DWI Defense Attorney Says Breath Testing is Often Unreliable

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It’s the holiday season, and with all of the celebrating going on, it can be easy to forget that law enforcement agencies increase their patrols at this time of year. Thanksgiving often produces more drunk driving arrests than other notorious party days like St. Patrick’s Day and even Super Bowl Sunday. As you know, not every driver who is arrested for and charged with DWI is guilty. If you are arrested for DWI this holiday season, remember that connecting with a Texas DWI attorney is the best way to protect the things that are most important to you. Your Texas DWI defense attorney knows how to examine the circumstances of your DWI arrest and develop a strong defense strategy for you.

One element of a strong DWI defense is knowing how to challenge the evidence that the State plans to present in your case. If your DWI defense attorney can show the court that one or more pieces of evidence that the State intends to present in your DWI case are inaccurate or otherwise not valid, the court may prohibit the use of that evidence in the State’s case against you. Evidentiary challenges have the potential to weaken the State’s case against a defendant, sometimes even to the extent that the State finds itself with so little evidence that it must dismiss its case.

Many drivers arrested for DWI submit to breath testing either during the traffic stop that leads to their arrest or after the arrest. If you are facing DWI charges and breath testing occurred at some point during your traffic stop or after your arrest, your defense attorney may be able to challenge the validity of the results of those tests. Even better, their challenge may be successful, and the test results might be thrown out. A recent article by the New York Times reports that tens of thousands of DWI cases across America have been tossed out of court because the test results were shown to be inaccurate.

For years, alcohol breath test results have been viewed as “truths” by juries in Texas and across America. Many DWI defendants were unaware that they could question the test results, but that is changing. Some DWI defendants, with the aid of their attorneys, challenged the validity of their breath test results. Some of those who challenged their test results prevailed. Their victories paved the way for an increased public demand for research into the accuracy of breath testing devices and the validity of the results produced by those devices. Study after study has shown how vulnerable the sensitive machines used for breath testing are to user error, calibration error, and other types of failures that are attributable to the users of the devices or the devices themselves.

Breath testing for blood alcohol content is a process that is prone to errors. If you were arrested for DWI and you submitted to breath testing during your traffic stop or after your arrest, it is critical that you contact a Texas DWI defense attorney right away. Your Texas DWI defense attorney can examine the circumstances of your traffic stop and DWI arrest and build a solid defense strategy on your behalf. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas DWI Defense Attorney Says Breath Testing is Often Unreliable

/in /by

It’s the holiday season, and with all of the celebrating going on, it can be easy to forget that law enforcement agencies increase their patrols at this time of year. Thanksgiving often produces more drunk driving arrests than other notorious party days like St. Patrick’s Day and even Super Bowl Sunday. As you know, not every driver who is arrested for and charged with DWI is guilty. If you are arrested for DWI this holiday season, remember that connecting with a Texas DWI attorney is the best way to protect the things that are most important to you. Your Texas DWI defense attorney knows how to examine the circumstances of your DWI arrest and develop a strong defense strategy for you.

One element of a strong DWI defense is knowing how to challenge the evidence that the State plans to present in your case. If your DWI defense attorney can show the court that one or more pieces of evidence that the State intends to present in your DWI case are inaccurate or otherwise not valid, the court may prohibit the use of that evidence in the State’s case against you. Evidentiary challenges have the potential to weaken the State’s case against a defendant, sometimes even to the extent that the State finds itself with so little evidence that it must dismiss its case.

Many drivers arrested for DWI submit to breath testing either during the traffic stop that leads to their arrest or after the arrest. If you are facing DWI charges and breath testing occurred at some point during your traffic stop or after your arrest, your defense attorney may be able to challenge the validity of the results of those tests. Even better, their challenge may be successful, and the test results might be thrown out. A recent article by the New York Times reports that tens of thousands of DWI cases across America have been tossed out of court because the test results were shown to be inaccurate.

For years, alcohol breath test results have been viewed as “truths” by juries in Texas and across America. Many DWI defendants were unaware that they could question the test results, but that is changing. Some DWI defendants, with the aid of their attorneys, challenged the validity of their breath test results. Some of those who challenged their test results prevailed. Their victories paved the way for an increased public demand for research into the accuracy of breath testing devices and the validity of the results produced by those devices. Study after study has shown how vulnerable the sensitive machines used for breath testing are to user error, calibration error, and other types of failures that are attributable to the users of the devices or the devices themselves.

Breath testing for blood alcohol content is a process that is prone to errors. If you were arrested for DWI and you submitted to breath testing during your traffic stop or after your arrest, it is critical that you contact a Texas DWI defense attorney right away. Your Texas DWI defense attorney can examine the circumstances of your traffic stop and DWI arrest and build a solid defense strategy on your behalf. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.