Driving while intoxicated (DWI) is a criminal offense that carries serious penalties. A conviction may lead to undesirable outcomes in Texas, such as license suspension, hefty fines and even jail time.
However, getting charged does not mean you’re necessarily guilty. With knowledgeable legal guidance, there are several defense approaches relating to law enforcement procedures that can challenge the validity of the charges.
1. Improper field sobriety tests
Field sobriety tests (FSTs) are commonly used by police officers to assess a driver’s level of impairment. However, these tests can be unreliable due to various factors such as uneven terrain, poor lighting or a driver’s physical condition (e.g., fatigue, injuries). If the conditions during your test were not ideal, or if the test was administered improperly, the results may be inaccurate. This could undermine the officer’s claim of impairment.
2. Lack of probable cause
If the police pulled you over without probable cause, you may be able to challenge the stop as improper. For instance, if the officer did not observe any traffic violations or signs of impaired driving before pulling you over, the stop could be considered unlawful. Without a valid reason to initiate the traffic stop, any evidence collected afterward, including the results of field sobriety tests or a BAC test, may be suppressed. This could lead to the dismissal of the charges or a significant weakening of the prosecution’s case against you.
3. Inaccurate test results
You can question the accuracy of the breathalyzer or BAC results if the testing equipment was not properly calibrated or maintained. Malfunctions, improper administration, or contamination can lead to unreliable readings. If there is doubt about the accuracy of the test, the evidence may be weakened, benefiting your defense.
Challenging DWI evidence can be complex, and having skilled legal guidance can be helpful in establishing a strong defense.