If you are arrested for a DWI in Texas, it is possible for your charges to get dropped. Not every arrest leads to a conviction. Under Texas law, you are innocent until proven guilty. The state has the burden of proving beyond a reasonable doubt that you are guilty of driving under the influence.
You will have the best chance at beating your charges if you work with an experienced Frisco criminal defense attorney. Philip D. Ray is a Frisco criminal defense lawyer who will fight aggressively to get your DWI charges reduced or dropped.
Common Defenses for DWI Charges
There are several potential defenses your lawyer could use to fight your DWI charges. The specific defenses available to you will depend on the unique facts of your case. Your attorney will create a tailored strategy that considers the specifics of your case. A few common defenses for DWI charges could be:
- Illegal Stop
Frisco police must have a valid reason to pull you over on suspicion of a DWI. If they do not have a sufficient reason, pulling you over violates your rights under the United States and Texas Constitutions against unreasonable search and seizure. Examples of valid reasons include:
- Speeding,
- Crossing the median,
- Tailgating,
- Failure to maintain control of your vehicle, and
- Headlight or taillight violations.
If you were stopped illegally, all evidence that the police collected during the traffic stop can be kept out of court. Without sufficient evidence, your charges can get dropped.
- Challenge Blood Tests
Sometimes the police will take a blood sample from an individual after arresting from for a DWI. Law enforcement must follow specific procedures when they take blood samples. Your attorney can challenge the validity of the sample or the way the police took it. For example, the court could rule the blood test inadmissible if the sample was improperly labeled or stored.
- Challenge Breath Tests
To determine your blood alcohol content (BAC), Frisco police may use a device called a breathalyzer. The accuracy of these tests can be challenged. They can give an inaccurate result if you have recently used mouthwash, burped, have diabetes, or taken certain medications. Additionally, the machine must be properly calibrated and administered following the proper procedures.
- Challenge Field Sobriety Tests
In addition to blood and breath tests, the police may ask you to perform field sobriety tests. There are many different ways that your attorney can challenge field sobriety tests. Your lawyer may be able to get the results thrown out if the Frisco police officer failed to explain the test accurately, you were suffering from a concussion or other relevant medical condition, the road surface was unstable, or you are elderly. Furthermore, these tests rely on the police officer’s interpretation of the result, which can be inaccurate.
- You Were Not Operating the Vehicle
To be convicted of drunk driving in Frisco, the state must prove that you were operating the vehicle. If the police approached you while your car was parked and your keys were not in the ignition, your lawyer can argue that they failed to meet this element of DWI law. This defense occurs most often when the defendant was trying to “sleep it off” before driving.
- You Were Not Read Your Rights
After the police take you into custody, they must read your Miranda rights before questioning you. Frisco law enforcement must tell you that you have the right to remain silent and the right to an attorney. If your rights are not read to you, any statements that you make will be inadmissible because your constitutional rights were violated.
Why Should You Fight DWI Charges in Frisco?
You should always consult with an attorney if you have been arrested on DWI charges. A DWI conviction carries serious penalties, including fines and jail time. In addition, your driver’s license may be suspended, you may be required to complete a DWI education program, and you may be required to install an ignition interlock device in your vehicle.
Speak to an Experienced Frisco DWI Criminal Defense Attorney
If you or someone you know is facing DWI charges, you should immediately reach out to a local criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense.
Serving
DFW Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, Kaufman County, Grayson County, Wise County, Rockwall County, Travis County, Bexar County, Parker County, Ellis County, Irving, Plano, Frisco, Allen, Richardson, Fort Worth, Flower Mound, Denton, Lewisville, Garland, Mesquite, Arlington, Bedford, Sherman, Duncanville, Decatur, Waco, Houston, Austin, San Antonio and Rockwall.
Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.