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What Mistakes by Police Can Defeat a DWI Charge?

Posted on in DWI

TX DWI lawyerPolice officers can sometimes be their own worst enemies when it comes to securing DWI convictions. If they follow the legal procedures as well as their own department’s procedures, it can be difficult to overcome a DWI charge. However, this does not always happen. An error at any point, from when they first spot a suspected intoxicated driver through booking can open the door for a strong legal defense. This is why experienced DWI attorneys begin each case by looking for any mistakes made by law enforcement during the process that could make the case more difficult for the prosecution to prove. If you are facing DWI charges, your best bet is to work with a skilled DWI attorney who is familiar with all the procedures that must be followed during a DWI stop and arrest.

What Types of Errors Can Interfere With a DWI Prosecution?

The most important errors that frequently occur in DWI cases tend to either relate to sobriety testing, or a suspect’s constitutional rights. They include:

  • Illegal stop - The police must have had a legally valid reason to pull you over in the first place. Officers will sometimes claim that they saw you swerving, but without crossing into another lane. This is generally not enough. Nor is simply seeing you pull out of a bar, or driving late at night.
  • Chemical testing steps - There is a strict set of procedures that must be followed during a blood or breath test after a DWI stop. Something as simple as having a radio in the room while you were taking a breath test or opening a test tube for a blood test too early can render the results invalid. There is also a waiting period before a breath test can be administered to ensure that any alcohol present in the mouth does not affect the results.
  • Improper field sobriety tests - You may have been set up for failure during field sobriety testing. For one, some of these tests are very subjective and police officers are sometimes less than truthful about what they observed. The conditions under which field sobriety testing is conducted are also relevant - the soberest person may struggle to balance on one leg during heavy winds or while wearing stilettos.
  • Lawyer denied - If you asked for an attorney at any point and the police refused to allow this or continued their investigation, your constitutional rights were likely violated.

Few DWI cases are as hopeless as they may initially appear.

Call a Wilson County DWI Lawyer

If you are facing DWI charges in Texas, BRCK Criminal Defense Attorneys can design the strongest possible defense in your case. Our skilled Floresville DWI Attorneys are familiar with the procedures that must be followed during a DWI investigation and can identify any errors. Call 830-769-1010 for a free consultation.

 

Source:

https://www.dps.texas.gov/ballab

 

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