Sales in the drinking place industry clocked in at over 28 billion in 2017.
Thus, it should come as no surprise that people like to consume alcohol when spending a night out on the town.
However, even with the popularity of ridesharing services, people still sometimes get behind the wheel of a vehicle after they’ve been drinking.
The most common scenario is that someone is not impaired, so to speak, but rather that they have a blood alcohol concentration (BAC) that is higher than the legal limit.
Thus, it’s possible in some cases to get slapped with a DWI even if you’re not blackout drunk. Since this charge can leave you with a suspended license (or even jail time), it’s important that you take challenging it seriously.
Not sure where to start? Don’t worry, we’ve got you covered.
Let’s take a look at what you need to know about fighting a DWI in Texas.
Lack of Probable Cause
This is one of the most important factors that you can use to defend yourself in the courtroom.
Even if you were driving under the influence or over the legal limit, law enforcement still needs a reason to pull you over before they can begin to assess your sobriety. Unfortunately, this is not always the case.
For example, let’s assume that you’re on your way home after a night out with friends. You brake appropriately at every stop, drive at the speed limit, and use your turn signal even though nobody else is on the road.
But, because it’s nearly 3 a.m. on a Saturday, a local police officer decides to pull you over.
After a series of tests, they conclude that you’ve had too much to drink during the evening and charge you with a DWI.
Fortunately, there’s a proverbial “get out of jail free” card (excuse the pun) that you can play.
If you didn’t commit a traffic violation, then any evidence the officer gathered after pulling you over can’t be used against you in court. This includes both test results and anything that you say to the officer.
Therefore, if you feel as though you were unfairly targeted when you got pulled over, you can use this as a legal defense.
Police Misconduct
If an officer chooses to charge you with a DWI, it’s up to them to prove that you were intoxicated while driving your vehicle. Many times, however, officers make mistakes when it comes to presenting the right information.
It’s important to note when this occurs, as it could save you from the consequences that come with a DWI charge.
A few examples include:
Failure to Correctly Administer a Field Sobriety Test
There are three components to the sobriety test that law enforcement officers give drivers: The one-leg stand, the walk-and-turn, and the horizontal gaze.
Problems arise when the tests that involve movement and balance are given to those with joint pain, muscle soreness, or those who are under significant fatigue. In these cases, it’s not unlikely that drivers will experience great difficulty completing the tests regardless of their sobriety.
Thus, if a defendant can prove that a non-alcohol related condition at the time the tests took place prevented them from completing it, they may have the charge dismissed.
Not Obtaining a Drinking Statement
It’s the arresting officer’s job to obtain a statement or testimony that declares how much alcohol the driver had consumed. This comes into play when your BAC results were borderline but the prosecution still wants to prove you were impaired while driving.
However, if an officer does not have an official statement, you have the upper hand.
With receipts from the bars you visited or testimony from the employees who work there, you can show exactly how much you had to drink, when, and what time you had your last drink.
If you were coming from another location, witnesses who were with you during the evening can also testify.
The Officer Did Not Wait 15 Minutes Before Taking a Breath Sample
In order to ensure that breath readings are accurate, officers need to wait at least 15 minutes from the time you are pulled over before they obtain a breath sample. This is to ensure that there is no residual alcohol present in the mouth.
If you experience a scenario where you are pulled over (with probable cause) and then immediately asked to give a breath sample, the prosecution may not be able to use this evidence against you.
Faulty Equipment
Technology isn’t perfect, even in situations where it should be.
Breathalyzers require ongoing maintenance in order to consistently provide accurate readings. But, it’s not uncommon for this responsibility to get overlooked by law enforcement.
This could result in the equipment providing inconsistent readings or ones that vary greatly from the actual BAC. In some cases, someone just under the legal limit could have their breath sample read that they are far over due to a faulty breathalyzer.
If your DWI attorney is able to prove that the officer who obtained your breath sample was using equipment that was likely to display inaccuracies, you could find yourself off the hook in the courtroom.
Getting a DWI in Texas Can Feel Devastating
But it doesn’t have to be.
With the right legal professional by your side, you’ll be well on your way to disputing your DWI in Texas and walking away on top.
Want to learn more about the legal options you have to defend yourself in court? Check out the rest of our blog!
