Top DWI Defenses Your Attorney Might Use!
Every year, Texas sees some of the highest annual alcohol-related accidents in the country. DWI arrests are staggering across the state and in 2019, more than 90,000 drivers a year are arrested for drunk driving in the Lone Star State. To combat this worrisome trend, Texas passed an all-offender ignition interlock law in 2015. They also got tough on first-time offenders by ensuring that these ignition interlock systems are a part of any plea deal.
As you might imagine, getting arrested for drunk driving in Texas has serious consequences and repercussions. That’s why you need an experienced and skilled Texas DWI defense attorney fighting for you. Even if you feel like it is hopeless, there are defenses your attorney can use to help reduce your charges. In some cases, your DWI defense lawyer can even fight to get the charges dismissed altogether.
What Is A DWI In Texas?
The law considers you legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, and you are operating a motor vehicle. If law enforcement officers suspect that you are driving intoxicated, they can – and will – pull you over. The law requires you to submit to a BAC test at this time. This is Texas’ implied consent law. Failure to submit to this testing has dire consequences and will result in the automatic loss of your license.
What Are The Penalties For A DWI?
The penalties for getting a DWI in Texas are more serious than many imagine. Even first-time offenders face significant consequences, such as the loss of their driver’s license and time in jail.
First Offense
- Up to a $2,000 fine.
- Up to 180 days in jail upon conviction, with three mandatory days.
- Loss of driver’s license up to a year.
Second Offense
- Up to a $4,000 fine.
- One month to a year in jail upon conviction.
- Loss of driver’s license up to two years.
Third Offense
- A $10,000 fine.
- Two to 10 years in prison.
- Loss of driver’s license up to two years.
These consequences don’t include the requirement to have an ignition interlock device placed on your vehicle. In addition, drivers who have a DWI on their driving record will find their insurance premiums significantly increased for a long time.
Due to the severity of these penalties and consequences, drivers in Texas need to fight these charges aggressively. But how?
Top Defenses Your DWI Attorney Can Use
The best way to fight DWI charges is to hire an experienced Houston DWI attorney. Your attorney will examine your case and determine the best ways to fight your charges. Not every defense will work for every DWI case. That’s why it is important to have an attorney on your side who can tailor the defense to the facts of your case.
Some of the most common defensive strategies your DWI attorney might use includes:
- Challenging breath tests
- Challenging field sobriety tests
- Challenging blood tests
- Seeking to suppress evidence
- Challenging testimony or eyewitness statements
- Claiming that your rights were violated
- Unconstitutional search and seizure of property
Breathalyzers are notoriously inaccurate. If they are not performed correctly or if the machines are not calibrated properly, the results may not be admissible. Likewise, if your blood was drawn incorrectly or if too much time passed between your arrest and the collection of blood, your attorney might argue that the results are not accurate.
Another common defense is that law enforcement officers lacked probable cause. A police officer cannot pull you over unless they suspect that you were committing a crime. They might claim that you were driving erratically or that your speech was slurred. An attorney can challenge these observations easily.
Remember, the state must prove every element of a DWI case beyond a reasonable doubt. Your attorney can challenge these elements and find the holes in the prosecution’s case. With the right defense, you can beat DWI charges and protect your driving record.
Contact Our Experienced Texas DWI Defense Attorneys Today
If you have been arrested and charged with a DWI crime in Houston, you need a Texas criminal defense lawyer who can fight aggressively for your rights and your future. DWI charges are more serious than many people realize. Don’t just take your DWI charges lightly – fight back! At Roger G. Jain & Associates, P.C., our Houston DWI defense attorneys will work tirelessly to protect you after an arrest.
