Like every state, driving while intoxicated laws are aggressively enforced by police and the courts in Texas because statewide, a person is injured or killed in an alcohol-related crash every 20 minutes.
Regardless of whether you are a first-time DWI offender or you have multiple DWI charges on your criminal record, a DWI conviction can severely impact your life. As a Class B misdemeanor, a DWI can result in anywhere from three days to six months in jail, a license suspension of up to two years, and $2,000 in fines. A DWI charge can negatively affect your employability, especially if you perform a job that requires a commercial driver’s license (CDL).
Still, like any criminal allegation, with a DWI, you are innocent until proven guilty, and the burden rests with the prosecutor to prove that guilt. There a numerous ways your DWI charge can be dismissed. Here are some of the possible DWI defense strategies a skilled criminal defense lawyer can pursue on your behalf:
Unlawful Traffic Stop
A police officer cannot pull you over for nothing. Police may only pull over a driver if they have committed a moving violation or if the officer has legitimate probable cause to believe they are driving under the influence of alcohol. Law enforcement often targets drivers coming out of bars, especially late at night, regardless of whether they have done anything wrong. This is not a legal procedure according to law.
Ineffective Field Sobriety Testing
Standardized field sobriety tests – including the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test – are not a universally effective method of establishing an individual’s intoxication. Various physical disabilities, neurological issues, and medications can impact a person’s ability to pass these tests.
Incorrect Breathalyzer Reading
No technology is perfect, including the blood-alcohol concentration breath tests utilized by police. These units can fail to produce an accurate reading due to non-adherence to scheduled maintenance checks. They are also affected by a person’s metabolic rate, the temperature of an individual’s breath, or residual alcohol in a person’s mouth at the time of the test.
Contact a Jourdanton DWI Lawyer
At Barrera, Cavazos & Powers, we fight for the best possible outcome in every DWI case. We will investigate the circumstances of your arrest to determine if your rights were violated, and will fight to protect your driving privileges. You can trust that BCP Law will secure the most favorable result possible in your case. To learn how an experienced Pleasanton criminal defense attorney can help you today, call us at 830-769-1010.