You’ve been pulled over after a night out, and the next thing you know, you’re facing a driving while intoxicated (DWI) charge in Texas. The stress and uncertainty of the situation may feel overwhelming. You may wonder if you have any chance of getting the charges dismissed or if you’ll face serious consequences that could affect your life for years to come.
That’s where a skilled Texas DWI attorney comes in. A knowledgeable attorney, like the ones at True Law Firm, can work diligently to examine the circumstances surrounding your arrest and uncover ways to get your charges dismissed. In this article, we explore how a DWI attorney can help you navigate your case and utilize defense strategies for a favorable outcome.
What are Texas DWI laws?
In Texas, a DWI charge occurs when a person operates a vehicle in a public place with a blood alcohol concentration (BAC) of 0.08% or higher. However, you can also face DWI charges if alcohol or drugs impair your physical or mental faculties, even if your BAC is under the legal limit. These laws are taken seriously in Texas, and the state imposes severe penalties on those convicted, including fines, license suspension, and possible jail time.
Texas law enforcement uses BAC testing to determine whether an individual is intoxicated. However, these tests can be inaccurate, and there are defenses available to challenge the evidence presented. That’s why hiring a skilled DWI attorney can be crucial in ensuring you understand your rights and the potential avenues for a favorable outcome.
Strategies for getting your DWI charges dismissed
While it may feel like the odds are against you, there are several strategies your Texas DWI attorney can use to try to get your charges dismissed. The success of each strategy depends on the circumstances surrounding your case, but with an experienced attorney on your side, you’ll have the best chance to fight your charges.
Challenging the traffic stop
One of the first questions your DWI attorney will ask is whether the police had a legitimate reason to pull you over in the first place. In Texas, law enforcement must have probable cause to stop a vehicle. If they did not have a valid reason to initiate the stop, any evidence obtained during that stop, including your BAC results, may be inadmissible in court.
If your attorney can prove that the stop was unlawful, they may be able to get the evidence thrown out, which could lead to a dismissal of your case. An experienced attorney will thoroughly review the circumstances of your stop to ensure your rights were not violated.
Disputing the accuracy of BAC tests
Blood alcohol concentration (BAC) tests are commonly used to determine whether someone is legally intoxicated. However, these tests are not always accurate. Several factors can affect the results, including faulty equipment, improper calibration, and human error.
A knowledgeable DWI attorney will investigate the maintenance and calibration records of the testing equipment. They may also question whether the officer administered the test properly. If there is any indication that the BAC test was not conducted correctly or the results were inaccurate, your attorney may be able to challenge the evidence and have it excluded.
Suggesting alternative explanations for behavior
Sometimes, behavior that seems to indicate intoxication can actually be the result of something else entirely. For example, fatigue, anxiety, or certain medical conditions can cause symptoms similar to those of intoxication, such as slurred speech, poor coordination, or erratic behavior.
Your DWI attorney can work with medical professionals to explore whether there’s a reasonable explanation for your behavior that doesn’t involve alcohol or drugs. By providing evidence from doctors or medical records, they can help show that you were not impaired during your arrest.
Leveraging weaknesses in the prosecution’s case
An experienced DWI attorney knows how to examine the prosecution’s evidence to find weaknesses or inconsistencies. This could include inconsistencies in witness statements, errors made by law enforcement, or failure to follow proper procedures during the arrest process.
By identifying these weaknesses, your attorney can construct a robust defense that may result in the dismissal of the charges or a reduction in penalties. A skilled attorney will ensure every aspect of your case is investigated, and they will fight aggressively to protect your rights.
Pursuing a plea bargain
In some cases, the evidence against you may be compelling, and a dismissal may not be possible. However, that doesn’t mean all hope is lost. A plea bargain could still be an option, especially if your attorney believes the evidence against you is strong.
In a plea bargain, you may agree to plead guilty to a lesser offense, such as obstruction of a highway, in exchange for reduced penalties. While this won’t result in a dismissal of your charges, it can minimize the impact on your future. A skilled attorney can negotiate on your behalf to ensure that the terms of the plea deal are as favorable as possible.
How True Law Firm can help
If you’re facing DWI charges in Texas, it’s crucial to have a dedicated and knowledgeable attorney on your side. True Law Firm offers personalized, one-on-one attention, ensuring your case is handled with care. The attorneys at True Law Firm understand the complexities of Texas DWI laws and know the strategies that can help get your charges dismissed or reduced.
We’ll take the time to evaluate every detail of your case, challenge any weaknesses in the prosecution’s evidence, and explore all defense options to get you the best possible outcome. Contact True Law Firm today to schedule a consultation and discuss how we can help you fight your DWI charges and advocate for the best possible outcome in your case.
