Driving While Intoxicated (DWI) is a serious charge in Texas that carries severe penalties, including fines, jail time, and the potential suspension of driving privileges. However, a DWI charge does not necessarily result in a conviction. There are various defense strategies that experienced attorneys can employ to challenge the prosecution’s case. This article explores the top five DWI defenses in Texas.
Challenge the Legality of the Traffic Stop
The first step in many DWI defenses is questioning the legality of the initial traffic stop. Law enforcement officers must have reasonable suspicion of a crime or traffic violation before pulling over a motorist. If the defense attorney can demonstrate that the officer lacked valid grounds for the traffic stop, then any evidence obtained during the stop (including field sobriety test results, breathalyzer results, and the officer’s observations) may be suppressed, potentially leading to a dismissal of the charges.
Contest the Accuracy of Field Sobriety Tests
Field Sobriety Tests (FSTs) are designed to assess a person’s balance, coordination, and cognitive function. However, FSTs are not foolproof, and their accuracy can be challenged in several ways. Factors such as the individual’s physical health, nervousness, poor lighting, uneven surfaces, or even inappropriate instructions from the officer can all lead to poor performance on these tests. A skilled attorney can question the reliability of FSTs and their administration, thereby challenging their validity as evidence of intoxication.
Dispute the Breathalyzer or Blood Test Results
Chemical tests, such as breath or blood tests, are used to determine the driver’s blood alcohol content (BAC). However, these tests can sometimes give inaccurate results due to improper calibration of testing equipment, improper administration, or inherent limitations of the test. Additionally, some medical conditions or medications can influence test results. By introducing doubts about the accuracy and reliability of these tests, a defense attorney can undermine the prosecution’s key evidence.
Assert a Rising Blood Alcohol Defense
The “Rising Blood Alcohol Defense” is based on the premise that alcohol takes some time to absorb into the bloodstream and reach the brain. A person’s BAC can continue to rise even after they’ve stopped drinking, meaning their BAC could have been below the legal limit while driving but increased by the time the test was administered. If the time between the alleged offense and the BAC test is significant, this defense could be a viable strategy.
Prove a Failure to Follow Proper Procedure
Law enforcement officers must adhere to specific protocols during a DWI arrest, from the administration of FSTs to the reading of Miranda rights. If an officer fails to follow these procedures, it can form the basis of a robust defense. For instance, if an officer did not properly observe the suspect for the required period before administering a breath test, the test results might be excluded from evidence.
Every DWI case is unique, and the best defense strategy depends on the specifics of the case. A successful defense often hinges on an experienced attorney who can scrutinize the prosecution’s case for weaknesses and introduce reasonable doubt. While these defenses can be effective, they require meticulous preparation, understanding of the law, and knowledge of the science behind DWI testing. Anyone facing DWI charges in Texas should seek expert legal advice to evaluate the potential defenses available in their case.