When you are arrested for DUI in Texas, the consequences can be life-altering because you may be subject to incarceration, significant fines, suspension or revocation of your driver’s license, community service, alcohol classes, probation and more. In addition to these consequences, you may also end up with a criminal record that impacts housing, education and employment options. If you are subsequently convicted of another DUI in the future, the penalties become harsher. While these adverse consequences may be significant, there are many defenses that experienced Texas DUI attorney Alex Tyra may use to protect his clients from these penalties.
Some people facing drunken driving charges simply plead guilty because they do not realize the wide range of defenses that are available to prevent a DUI conviction. We have provided an overview of a few of the defenses that Mr. Tyra may use to obtain a dismissal, acquittal or reduction in charges:
Unlawful Vehicle Stop
Law enforcement officers generally may not stop a vehicle without “reasonable suspicion” that the driver is engaged in unlawful activity. In the context of DUI cases, the basis for a stop will typically be the officer’s observation of a motorist engaged in a traffic violation or a pattern of erratic driving that is symptomatic of alcohol impaired driving. If you are stopped for a traffic or regulatory violation that has nothing to do with alcohol impaired driving, such as an illegal left turn or expired tags, the officer will look for evidence during the stop to justify initiating prolonging the stop and conducting a DUI investigation. The officer will look for factors like slurred speech, bloodshot watery eyes, lack of coordination, odor of alcohol on your breath, or admissions of drinking to justify conducting field sobriety tests and a roadside portable breath test.
A brief mention of Sobriety Checkpoints (DUI Roadblocks) is worth mentioning because they constitute an exception to the rule that police need some basis of individualized suspicion to justify stopping a vehicle. While the U.S. Supreme Court has permitted an exception that allows this form of stop with no basis for believing that a driver is engaged in criminal activity, there are strict requirements to prevent selective enforcement. Although a complete discussion of these requirements is beyond the scope of this discussion, one requirement is that the determination as to which vehicle will be stopped must be based on a pre-determined formula like stopping every fifth car or every other car. When law enforcement officers fail to comply with the strict requirements for a lawful DUI roadblock, the evidence obtained during the stop may be subject to exclusion.
If the officer cannot articulate sufficient facts to justify the initial stop or DUI investigation, this may pose a basis to file for a hearing to have all evidence suppressed, such as chemical testing of blood alcohol concentration (BAC), field sobriety tests (FSTs) and observations during the vehicle stop. Because officers sometimes lie or distort the truth in a police report to justify their actions, we look carefully at evidence like dash video, witnesses in the vicinity and inconsistencies between the police report and the officer testimony.
We also invite you to review Part II of this blog-post for other examples of defenses that we may use to protect our clients from a DUI conviction. Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction. We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.