How to Challenge a DWI Charge in Texas

 Posted on March 22, 2024 in Criminal Defense

Being charged with driving while intoxicated (DWI) is a serious matter that can have severe consequences on your life. However, just because you have been charged does not mean you are automatically guilty. There are several ways to challenge a DWI charge, and exploring all your legal options with a Texas lawyer is crucial.

Challenging the Traffic Stop

The first step in challenging a DWI charge is to examine the circumstances surrounding the traffic stop that led to your arrest. Police officers must have reasonable suspicion that you committed a crime or traffic violation to pull you over legally. If the officer did not have a valid reason to stop you, any evidence obtained during the stop could be deemed inadmissible in court.

Questioning the Field Sobriety Tests

Law enforcement officers often use field sobriety tests to determine if a driver is impaired. However, these tests are subjective and can be influenced by various factors, such as age, medical conditions, or the environment in which they are conducted. A lawyer can challenge the administration and interpretation of these tests to challenge their validity.

Challenging the Breathalyzer or Blood Test Results

In Texas, a blood alcohol concentration (BAC) of 0.08 percent or higher is considered legally intoxicated. However, breathalyzer and blood test results can be inaccurate due to various reasons, such as improper calibration of the equipment, improper sample handling, or medical conditions that can affect the results. A lawyer can investigate the testing procedures and challenge the results if they are found to be unreliable.

Raising Affirmative Defenses

In some cases, you may be able to raise an affirmative defense to challenge a DWI charge. For example, if you were forced to drive under duress or if you consumed alcohol after driving, these could be valid defenses. Your lawyer can evaluate the specifics of your case and determine if any affirmative defenses apply.

Negotiating for a Reduced Charge or Alternative Sentencing

If the evidence against you is strong, your lawyer may be able to negotiate with the prosecutor for a reduced charge or alternative sentencing options. This could involve pleading guilty to a lesser offense, such as reckless driving, or seeking probation or deferred adjudication instead of jail time.

Contact a Collin County, TX Criminal Defense Lawyer

It is crucial to have a Plano, TX criminal defense attorney by your side who can navigate the intricacies of the law and build a strong defense strategy on your behalf. Do not let a DWI charge derail your life. We have secured over 300 not-guilty verdicts and acquittals for our clients. Call The Crowder Law Firm, P.C. at 214-544-0061 for a free consultation, and let us help you navigate this challenging situation.