Getting pulled over, given a breathalyzer test and then charged with drunk driving is a nightmare for nearly any Texan. You may feel like you can’t afford the embarrassment of the charges, much less the fines, potential jail time and the numerous other consequences associated with a DWI case.
But what can you do about it? The evidence just seems too strong to refute. Thankfully, you may have more options than you realize. Even when evidence seems strong, it is not incontrovertible. And an experienced criminal defense attorney can help you pursue all available options.
Common evidentiary defenses
Most DWI arrests have points of commonality, including the stop itself, field sobriety test results, questioning and breathalyzer tests. There are opportunities to challenge evidence at nearly every point. For instance:
- Challenging the stop: did the officer have a valid, legal reason to pull you over? If not, any evidence obtained during the stop could potentially be suppressed.
- Challenging field sobriety tests: Did the officer conduct the tests according to standard procedure? Was their interpretation of the results reasonable? Were the tests captured on film and can they be independently reviewed?
- Challenging breathalyzer results: Was the breath-testing equipment serviced and calibrated recently enough to be accurate (the records can be subpoenaed)? Did the officer make a mistake in administering the test? Were there factors that could have skewed test results?
- Challenging post-arrest test results: When you received an additional blood test after arrest, was the proper chain of evidentiary custody observed? Could the sample have been tainted or mistaken with another?
The right lawyer can make a big difference
Please don’t assume you have no defense options without first speaking to an experienced attorney. The right lawyer can discuss the details of your case, help you understand all available options and guide you toward making the decision that is best for you, your family and your DWI case.
