If you have recently been arrested for driving while intoxicated (DWI) in Texas, you may be feeling overwhelmed and unsure about what comes next. The fear of facing serious legal consequences is understandable, but it’s important to know that you don’t have to go through this alone. At McCarty Larson, PLLC, we know that facing a DWI charge can cause anxiety, confusion, and worry. You might be wondering about the possible outcomes and the best course of action. Thankfully, there are several defenses available that could help you avoid or minimize the charges against you. This blog will walk you through the top 10 defenses against DWI charges in Texas and explain how they might apply to your situation. Remember, we’re here to help you through every step of the process, and we believe in getting you the best possible result for your case.
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Inaccurate Blood Alcohol Content (BAC) Test Results
One of the most common ways to challenge a DWI charge in Texas is by questioning the accuracy of the blood alcohol content (BAC) test results. If your BAC was measured and found to be over the legal limit of 0.08%, it is crucial to review how that test was conducted. There are various factors that could impact the accuracy of a breathalyzer or blood test. For example, if the device was improperly calibrated, it could give false readings. Additionally, certain medical conditions or physical factors, such as diabetes or acid reflux, can interfere with the results. If we can prove that the test was inaccurate or improperly administered, we may be able to get the evidence dismissed or reduced.
Improper Stop by Law Enforcement
A second common defense against a DWI charge is that the stop by law enforcement was unlawful. In Texas, an officer must have a valid reason for pulling you over. If they didn’t observe a traffic violation or didn’t have reasonable suspicion that you were impaired, the stop could be deemed unconstitutional. This could potentially lead to the dismissal of the charges. If you believe the officer didn’t have proper cause to stop you, we can investigate and argue that your rights were violated, potentially leading to a favorable outcome in your case.
Failure to Administer Field Sobriety Tests Properly
Field sobriety tests (FSTs) are used by police officers to determine whether a driver is under the influence of alcohol or drugs. However, these tests are not always reliable and can be administered incorrectly. For example, officers must ensure that you are given proper instructions before performing the tests. If the officer failed to explain the tests properly or didn’t follow the standard procedure, it could undermine the validity of the results. Additionally, physical conditions such as age, weight, or injuries could make it difficult for you to perform well on these tests, even if you were sober. In such cases, we can argue that the field sobriety tests shouldn’t be used as evidence in your case.
Medical Conditions Affecting Behavior
Certain medical conditions can mimic the signs of intoxication. For example, someone suffering from a neurological condition, such as a stroke or a seizure disorder, might appear disoriented or uncoordinated during a traffic stop. Conditions like vertigo or hypoglycemia (low blood sugar) can cause symptoms that are similar to those caused by alcohol consumption. If you were suffering from a medical issue that caused behaviors similar to those of an intoxicated driver, we could use this as a defense to show that your actions were not the result of drinking but due to a medical condition.
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Incorrectly Administered Breath Test
Breathalyzer tests are commonly used in Texas to determine if a driver is under the influence of alcohol. However, these tests are only valid if they are administered correctly. For instance, the officer must ensure that you have not consumed any alcohol within a certain period before taking the test. Additionally, breathalyzer machines must be properly maintained and calibrated. If we can demonstrate that the officer did not follow the proper procedures or that the equipment was faulty, it could lead to the dismissal of the BAC results, which are often crucial in DWI cases.
False Positive Due to Other Substances
While breathalyzer tests are typically used to detect alcohol, they can sometimes give false positives if other substances are present in your system. For instance, certain foods, medications, or even environmental factors like mouthwash can cause the breathalyzer to give an inaccurate reading. If we can demonstrate that a substance other than alcohol caused the test to show a positive result, we may be able to argue that the charge should be reduced or dismissed.
Lack of Probable Cause for Arrest
For a police officer to arrest someone for DWI, they must have probable cause. This means they must have reasonable belief, based on your behavior or the results of sobriety tests, that you were driving while intoxicated. If we can show that the officer did not have enough evidence to establish probable cause, we can argue that your arrest was unlawful. Without probable cause, the entire case against you may be thrown out.
Illegal Search or Seizure
Another defense in a DWI case is challenging the legality of a search or seizure. In some cases, law enforcement may have conducted a search of your vehicle without a warrant or probable cause. This could involve searching your car for evidence of alcohol or drugs without your consent. If we can prove that the search violated your constitutional rights, the evidence obtained during the search may be inadmissible in court. This could weaken the case against you significantly.
Rising Blood Alcohol Content
In some cases, your BAC may have been under the legal limit at the time you were stopped, but it rose above the limit by the time you were tested. This is called “rising BAC.” Alcohol takes time to enter the bloodstream, and if you were stopped shortly after drinking, your BAC could continue to increase even after you were pulled over. We can present evidence that your BAC was within the legal limit when you were actually driving, but it increased while you were detained by law enforcement. This could help to cast doubt on the prosecution’s case.
Failure to Prove Intoxication Beyond a Reasonable Doubt
Lastly, it’s important to remember that the prosecution has the burden of proving your guilt. They must establish beyond a reasonable doubt that you were intoxicated at the time of the incident. If we can raise doubts about the evidence against you, such as questioning the reliability of test results, the officer’s conduct, or the circumstances of the arrest, we may be able to secure a favorable outcome. The prosecution must meet a high standard of proof, and we will work tirelessly to ensure that the case against you is thoroughly challenged.
Facing a DWI charge in Texas can be a daunting experience, but it’s important to remember that you don’t have to navigate this difficult time alone. At McCarty Larson, PLLC, we understand the stress and confusion you may be feeling, and we are here to help. Our team is committed to working with you every step of the way to ensure that your case is handled with care and diligence. With our help, we can explore all possible defenses and fight for the best possible outcome in your case. If you are facing a DWI charge, contact us today for a consultation and let us help you protect your rights and your future.