Local law enforcement agencies are ramping up their efforts to arrest Texas drivers for DWIs. If you are one of the many Texans arrested for a DWI in Texas, it is crucial that you discuss your case with an attorney so your attorney can begin gathering evidence and preparing your legal defense strategy.
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No Cause for the Arrest
Police officers must have probable cause to arrest you or search your vehicle. Under the US and Texas constitutions, you have a right to not be subjected to unwarranted searches, seizures, and detainment. Police officers do not have the authority to make snap judgments about Texas drivers and assume they are under the influence of drugs or alcohol without any evidence. When an unconstitutional search or seizure happens, the evidence from the search is inadmissible and you may be able to have the charges dismissed.
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No Cause for a Blood Draw Warrant
Police officers cannot take a blood sample without a person’s consent. You always have the right to refuse a blood draw if you are being arrested for a DWI. Nonetheless, refusing to take a blood draw could result in your driver’s license being suspended. If this occurs, you and your attorney can fight the driver’s license suspension at a Texas ALR hearing.
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The Blood Was Not Collected Properly
Even if the police officer had a warrant to draw blood, they still need to follow correct procedures for drawing and collecting the blood. In some cases, they transfer the blood incorrectly or do not store it properly, making the evidence unreliable. Additionally, if the blood becomes contaminated or the samples are mixed up, it will not be able to be used as viable evidence.
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The Breathalyzer Test Was Flawed
Breathalyzer tests are notoriously sensitive and need to be conducted by someone who is trained to administer the machine. Prosecutors often rely on breathalyzer tests to prove that the defendant violated Texas DWI laws. When the machine is not calibrated correctly, or prosecutors do not follow procedures correctly, the evidence is not reliable.
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The Prosecutor Cannot Prove Every Element of the Case
Texas prosecutors must prove every element of the DWI case beyond a reasonable doubt. When they fail to do so or do not have enough evidence, they may be more willing to engage in a plea bargain with the defendant. A defense attorney may pressure the prosecution into dismissing the case when they cannot prove it. A skilled attorney will be able to determine the weaknesses in the defendant’s case and use them for the defendant’s benefit.
Discuss Your DWI Case With a Skilled Dallas/Ft. Worth Attorney
If you are facing DWI charges in Texas, do not despair. As mentioned above, there are many ways you and your attorney can fight unjust DWI charges. The sooner you reach out to an experienced criminal defense attorney, the better. Contact Abel Law Firm today to schedule your free initial consultation and learn more about your legal rights.