10 Common DWI Defense Strategies That Could Save Your Case
Facing a DWI charge in Texas can be overwhelming, but you don’t have to go through it alone. Understanding your legal options is the first step. A skilled DWI defense attorney near you can explore strategies to challenge the evidence and fight for the best outcome. Here’s a breakdown of the most common DWI defense strategies that might apply to your case.
1. Challenging the Traffic Stop
Law enforcement must have a valid reason to pull you over, such as a traffic violation or signs of impaired driving. If the stop was not based on reasonable suspicion, any evidence collected afterward could be suppressed.
2. Arguing Against Field Sobriety Tests
Field sobriety tests, like walking in a straight line, are highly subjective and prone to error. Factors like medical conditions, poor instructions, or even uneven pavement can result in a failed test.
3. Questioning Breathalyzer Accuracy
Breathalyzer devices require regular maintenance and calibration. If the equipment was improperly maintained or used incorrectly, the results may not be reliable. A DWI defense attorney can subpoena maintenance records to identify potential errors.
4. Invalidating Blood Test Results
Blood tests are often used to measure blood alcohol concentration (BAC). However, errors in the taking of the blood specimen, chain of custody, improper storage, or contamination can compromise the results.
5. Proving Medical Conditions Mimic Intoxication
Certain medical conditions, like diabetes or acid reflux, can cause symptoms or BAC readings that resemble intoxication. Highlighting these conditions can cast doubt on the prosecution’s case.
6. Disputing Officer Testimony
Police reports and officer testimony are not infallible. If their account contains inconsistencies or fails to align with dashcam or bodycam footage, your attorney can use that to challenge credibility.
7. Arguing Lack of Probable Cause for Arrest
An officer must have probable cause to believe you were driving while intoxicated before making an arrest. If the evidence is insufficient, the arrest—and the case—may be invalid.
8. Highlighting Procedural Errors
Police officers are required to follow strict procedures when conducting DWI investigations. For example, failing to inform you of your rights or mishandling evidence can weaken the prosecution’s case.
9. Proving Rising BAC Levels
Alcohol absorption takes time, meaning your BAC may have been below the legal limit when driving but rose afterward. This defense can be especially effective if there was a delay between your stop and the BAC test. At the time of testing, alcohol which is in your stomach is not alcohol in your blood.
10. Introducing Witness Testimony
Witnesses who observed your driving or behavior can help establish that you were not impaired. Their testimony can directly counter the prosecution’s narrative.
Why You Need an Experienced DWI Defense Attorney
DWI cases are complex, and the stakes are high. From license suspension to jail time, the consequences of a conviction can be life-altering. A DWI defense attorney near you knows how to navigate these challenges, identify weaknesses in the prosecution’s case, and protect your rights.
Time is critical in building a strong defense. Remember, you only have 15 days from your date of arrest to request an ALR hearing!
