Top Defenses for DWI Charges in Texas

DWI charges can lead to loss of driving privileges, confinement to jail, and other serious penalties. Being charged with a crime does not mean that you will be ultimately convicted, so it is important to seek legal counsel quickly. With the help of a skilled DWI attorney, you can explore top defenses for DWI charges in Texas.

Illegal Stop or Lack of Probable Cause

A strong defense against DWI charges relies on proving that the police officer did not have a valid reason to stop you in the first place. If the officer lacked probable cause, such as observing erratic driving or violating traffic laws, the case could be dismissed. Law enforcement cannot target you simply because it is late at night or due to the neighborhood you live in.

In 2023, Texas reported 90,054 DWI charges. Many of these cases involve contested traffic stops, where a lack of proper cause could lead to the evidence being dismissed. If the stop was not justified, the prosecution’s case may not hold up in court.

Breathalyzer or Field Sobriety Test Issues

Field sobriety tests can be highly unreliable. If the arresting officer did not consider weather conditions or administered the test poorly, the results of the test could be unreliable. Often, uneven surfaces or medical conditions can influence the results of these unscientific tests.

Breathalyzer tests may also be unreliable if the equipment is faulty or wasn’t calibrated properly. Texas was ranked as the third-worst state for drunk driving in 2023. Despite strict enforcement, tests administered by police and sheriffs can be challenged in court.

In some cases, law enforcement may require a blood sample test. Improper handling of the blood sample can lead to contamination or inaccurate results. If the sample wasn’t sealed or stored correctly, the results may not reflect your actual blood alcohol concentration at the time of your arrest. Delays in testing could also affect your blood alcohol content readings.

Medical Conditions or Medications

Certain conditions and medications, like diabetes, neurological disorders, or migraine medications, can mimic signs of intoxication, like slurred speech or unsteady walking. If a medical condition or prescribed medication affected your ability to pass a sobriety test, this could be used as part of your defense.

At the time of the arrest, police do not have access to your medical records or prescription drug history. Without this information, which can be presented later in court, they may arrest someone who was not intoxicated at the time of their arrest. Drunk-driving fatalities are more common at night. In 2022, there were over 9600 nighttime driving under the influence (DUI) deaths versus about 3,000 daytime DUI fatalities.

False Accusations

False or exaggerated DWI accusations can arise from misunderstandings, personal bias, or even misinterpretation of behavior. For example, you may have been at a crowded Buc-ee’s in Katy, and an officer mistook your nervousness for intoxication, or perhaps you were pulled over in Fort Bend County after a biased assessment of your actions. In these situations, officers sometimes rush to judgment, especially during busy events in Houston.

If you are arrested and sent to Fort Bend County Jail or Harris County Jail, it’s crucial to have a defense attorney who can challenge the officer’s observations and demonstrate the lack of evidence, protecting your rights and dismantling false accusations.

FAQs

Q: How Do I Beat a DWI Charge in Texas?

A: In order to be successful against a DWI charge in Texas, your defense must target flaws in the stop, arrest, or testing process. If the officer lacked probable cause or if the breath or blood test was unreliable, the charge could be challenged. Witness testimony, dashcam footage, and special analysis often play a role. A focused legal strategy is critical to weakening the state’s case.

Q: How Can a DWI Case Be Dismissed in Texas?

A: A DWI case may be dismissed if key evidence is suppressed, procedures were not followed, or the arresting officer violated your rights. Issues like improper traffic stops, flawed testing, or missing documentation can support dismissal. Every case depends on the facts, so identifying errors right away is essential. Dismissal is possible, but it requires a strategic review of the evidence and legal process.

Q: What Are the Odds of Getting a DWI Dismissed in Texas?

A: The odds depend entirely on the details of your case. Factors include the strength of the evidence, your criminal history, and how well your defense challenges the stop or testing procedures. Dismissals are not guaranteed but can happen if the case has clear weaknesses. Prompt legal action gives you a strong chance to identify issues that may support dismissal in court.

Q: What Can a DWI Be Reduced to in Texas?

A: A DWI in Texas can sometimes be reduced to a lesser charge, such as obstruction of a highway or reckless driving. Reductions usually happen when the evidence is weak or a first-time offense is involved. The decision depends on the prosecutor and case details. Securing a reduction may require negotiations backed by a strong defense that highlights problems with the original charge.

Q: Which DWI Defense Can Help My Case?

A: A DWI defense that could work for your case could involve scrutinizing the reliability of the evidence used against you. If you were arrested solely based on a field sobriety test, that could leave the prosecution with a weak case. Field sobriety tests are very unreliable. If you were tired, standing on uneven ground, or under the influence of legitimate medications, your attorney could question the charges based on insufficient evidence.

Schedule Your DWI Consultation Today and Begin Taking Control of Your Future

Being charged with a DWI in Texas can lead to serious consequences, but taking a proven legal strategy with the help of an attorney can protect your rights and your future. At Segura & Kiatta, we focus on identifying weaknesses in the prosecution’s case, from improper traffic stops to unreliable breathalyzer results.

Our team is committed to thoroughly investigating your case and challenging the evidence against you. Contact Segura & Kiatta today to schedule your consultation and discuss your defense options. We’ll guide you through each step of the process and fight for a favorable resolution to your case.