Texas courts take driving while under the influence (DWI) charges extremely seriously. If you are facing a DWI charge in the Dallas/Fort Worth area, it is important that you hire an experienced DWI defense lawyer as soon as possible. Your defense lawyer will make sure that Texas law enforcement and prosecutors will not violate your rights. After investigating your case, they will develop a compelling defense strategy which may include the following:
Law Enforcement Officers Violated Your Rights
All Texas defendants have constitutional rights that protect them throughout the criminal process. The constitution protects defendants against unlawful searches and seizures. For example, a police officer must have a reasonable suspicion that you are committing a crime to lawfully pull you over while you are driving. Law enforcement must also read your Miranda rights when they arrest you. When officers fail to abide by the Constitution, your defense lawyer can ask the judge to throw out any evidence they gathered in an unconstitutional way.
You Committed Your DWI Out of Necessity
What happens when you drive while intoxicated due to an emergency or out of necessity? For example, what happens if your friend needs to go to the emergency room and you know you have had a few drinks? You will need to prove that you had no other option than to drive while intoxicated for this defense to work.
Your BAC Test Gave a False Positive
Law enforcement often seeks to prove a DWI charge through testing your breath with a breathalyzer test or by testing your blood alcohol concentration. In many cases, however, the DWI test is not accurate. Sometimes the machines fail. In other cases, law enforcement who conduct the tests are not properly trained to use the test, or law enforcement might not have given the tests in the correct time frame.
Your DWI was Caused by a Spiked Drink or Involuntary Intoxication
If you were truly unaware that you were drinking alcohol before you drove, you will be able to raise the defense of involuntary intoxication. Perhaps someone spiked your drink with drugs that made you drowsy, when you thought you were drinking a non-alcoholic punch at a party.
The Prosecution Cannot Prove the Elements of a DWI