We have a truly innovative blend of battle-tested DWI Defense Strategies combined with cutting-edge scientific approaches to evidence and high-level intellectual legal arguments. If you have been accused of a DWI offense in Texas, it is important that you contact us as soon as possible – missing important legal deadlines may negatively impact the quality of your defense – call now for a free consultation with a DWI Defense attorney (888) 239-9305 or contact us online to schedule an appointment in our office.
DWI DEFENSE TOPICS
Defending people against DWI charges typically involves countering the state’s evidence regarding blood tests, breath tests and the police accounts of performance on “Field Sobriety Tests.” DWI defense strategies, therefore, are frequently scientific in nature. Learn more about DWI Science
However, defense strategies also frequently involve interpersonal analysis and investigation. Police officers and others involved in the DWI investigation are, in the end, human. And being human, they are subject to the same weaknesses as other human beings. Police officers sometimes lie and cut corners, and sometimes, unfortunately, do the scientists.
Whether or not you did something dumb does not mean that you committed a crime. DWI offenses are crimes, and you should only be guilty of a crime if you did exactly what the crime alleges, and nothing less. Therefore, do not plead guilty just because you did something dumb like drinking and driving. Believe it or not, drinking and driving is not a criminal offense. It takes a careful analysis of many different facts and evidence to determine whether or not you committed the crime of DWI or any other drunk driving offense. Learn more about the Texas DWI Law
Defending clients accused of drunk driving offenses
Each DWI case requires a unique DWI defense strategy. However, most DWI defense strategies fall into one of several categories. We have compiled a list of some these DWI defense strategy categories, but there are many more.
Did the police officer or other DWI investigator have probable cause to make the arrest? Police cannot make arrests willy-nilly on the mere suspicion of DWI. They have to have credible evidence, and it has to meet the burden of “probable cause.” Police build a DWI case from the moment of their first observation, but sometimes they cut corners and make arrests when they shouldn’t. Learn more about the pre-arrest DWI Process
There are many reasons to challenge the sufficiency of the arrest, and we will need to carefully review the evidence collected by the officer and the basis for his arrest in order to determine whether we can successfully change the probable cause for your arrest.
Did the investigators have sufficient probable cause to collect your blood against your will? Did a judge properly sign off on the warrant?
Similar to challenging probable cause for a DWI arrest, police officers cannot obtain your blood without your consent or without a warrant for your arrest. You have the right to refuse a blood draw if you are arrested, but the police may obtain a warrant from a judge and force you into giving a sample. Your license is subject to suspension if you refused to provide a sample of breath or blood, but you can always contest this suspension through an ALR Hearing.
There are very technical procedures for drawing blood. Were those procedures followed? How was the blood transported? Was the blood sample exposed to any outside contaminants? What was the chain of custody? What were the lab procedures used in the testing? Was the equipment properly maintained? Did the sample get confused with someone else’s blood sample? If your blood alcohol content is shown to be high according to a blood test, then we need to examine the entire testing procedure to determine whether we can successfully challenge it in court.
Blood science, like every other form of science, is constantly evolving. Blood tests are sometimes inaccurate due to bad science, and sometimes they are inaccurate because of human error.
What was the deviation between your breath scores? How far was the deviation from the sample? Was the machine properly maintained? When was the last time the machine calibrated? Was the calibration performed correct? Challenging the results of breath evidence in court is a very scientific process.
Similar to challenging blood evidence, challenging breath evidence is a matter of scientific theory meeting human error. Breath test operators must be licensed, and it is not as simple as pushing a button on a machine. There are specific procedures that must be followed if the test results are to be accurate.
Your BAC is constantly fluctuating due to your absorption rate and your processing rate. Your BAC at the time of breath or blood testing is not what it was at the time you were pulled over. Was your BAC trending upward or downward? What is the effect your body chemistry had on your BAC?
Assembling a defense based on the timing of your arrest usually requires the use of experts in the field. The state’s attorneys will try to argue that your blood alcohol level was higher at the time of your arrest than the time of the testing, but this is not always true, and always a matter of imprecise conjecture.
Remember that drunk driving is not a crime. The state’s attorneys must prove that you were “intoxicated,” and this has a specific legal definition. Learn more about the definition of intoxicated
If we can show that in fact your blood alcohol level was lower at the time of your arrest and while you were driving, you may be able to prevail with this defense strategy.