Facing DWI charges in Texas can be an intimidating experience, but understanding your legal options is the first step toward mounting an effective defense.

Key Takeaways:

• DWI charges carry serious penalties in Texas, but there are several potential legal defenses that can be used to challenge the prosecution’s case.
  
  
• Common defenses against DWI charges include challenging the legality of the traffic stop, the accuracy of breathalyzer or blood tests, and the procedures followed by law enforcement.
  
  
• Having knowledgeable legal representation can make a significant difference in navigating the complexities of DWI cases and protecting your rights.

Being arrested in Texas for driving while intoxicated (DWI) is a serious matter that can drastically affect your life. Penalties can include hefty fines, license suspension, jail time, and a permanent criminal record. However, just because you’ve been charged doesn’t mean the case is closed. There are several defenses against DWI charges that might help you fight back and protect your future.

At BRCK, we understand how overwhelming these charges can be. As Texas criminal lawyers, we believe that everyone deserves a fair chance to challenge the evidence against them. This blog will walk you through some of the most common legal defenses against DWI charges in Texas and help you understand how the law can work in your favor.

Understanding DWI Charges in Texas

Before diving into defenses, it’s important to understand what a DWI charge entails in Texas. The state considers a person to be driving while intoxicated if they are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if their mental or physical faculties are impaired due to alcohol or drugs.

Penalties vary depending on whether it’s a first offense or a repeat charge and whether any aggravating factors are involved, such as an accident or injury. Because of the severe consequences, it’s critical to respond promptly and thoughtfully to any DWI charge.

Common Defenses Against DWI Charges

When facing a DWI charge, one of the most important steps is identifying possible defenses against DWI charges that can challenge the prosecution’s evidence or the circumstances of your arrest. Here are some common defenses that Texas criminal lawyers often use:

1. Challenging the Legality of the Traffic Stop

The Fourth Amendment protects you from unreasonable searches and seizures, which means law enforcement must have a valid reason to stop your vehicle in the first place. If the officer did not have reasonable suspicion that you were committing a traffic violation or involved in criminal activity, the stop itself could be illegal.

If your attorney can prove that the stop was unlawful, any evidence gathered as a result of that stop—including breath or blood test results—may be suppressed, weakening the prosecution’s case.

2. Questioning the Accuracy of Breathalyzer or Blood Tests

Chemical tests are a critical part of many DWI cases. However, these tests are not infallible. Breathalyzers can be affected by factors such as improper calibration, user error, or medical conditions that affect breath composition. Blood tests can also be challenged if there are issues with how the blood was drawn, stored, or analyzed.

A skilled attorney will examine the maintenance records of the testing equipment, the qualifications of the person administering the test, and the procedures followed to determine if the results are reliable.

3. Contesting Field Sobriety Tests

Field sobriety tests (FSTs), such as the walk-and-turn or one-leg stand, are commonly used by officers to assess impairment. But these tests rely on subjective judgment and can be influenced by factors unrelated to intoxication, like nervousness, physical disabilities, or poor weather conditions.

Defending against DWI charges may include demonstrating that FSTs were improperly administered or that the results are unreliable under the circumstances.

4. Medical Conditions or Prescription Medications

Sometimes a driver’s behavior or test results may be affected by medical conditions or legally prescribed medications rather than intoxication. Conditions such as acid reflux, diabetes, or even certain mouthwashes can cause false positives on breath tests.

A thorough defense will investigate whether your health or medications could have influenced the evidence against you.

5. Rising Blood Alcohol Defense

The rising blood alcohol defense argues that your BAC was below the legal limit while driving but increased by the time the test was administered. Because alcohol takes time to absorb into the bloodstream, tests taken after you stopped driving may not accurately reflect your BAC while on the road. This defense can be effective when the timing between driving and testing is significant.

6. Involuntary Intoxication

In some cases, a person may be charged with DWI despite not willingly consuming alcohol or drugs, which is known as involuntary intoxication. It can occur if someone unknowingly ingests a substance that impairs their abilities or if a medication causes unexpected side effects affecting coordination and judgment.

For example, if someone’s drink is spiked without their knowledge, or if they take prescription medication as directed but suffer impairment beyond what was anticipated, involuntary intoxication may provide a strong defense. 

Why You Need Experienced Legal Help

Defending against DWI charges is complex. Prosecutors rely heavily on scientific evidence and procedures that have specific legal requirements. Small errors or omissions in these processes can create opportunities for defenses against DWI charges.

At BRCK, we understand these nuances and can conduct a detailed investigation of your case. We gather evidence, consult with experts, and scrutinize every aspect of your arrest and testing to identify weaknesses in the prosecution’s case.

Most importantly, we focus on your goal: to help you move on with your life. Whether that means negotiating a reduced sentence, alternative programs, or fighting for a dismissal, we tailor our approach to your individual needs.

BRCK Can Protect You Against DWI Changes

At BRCK, our team of experienced criminal defense attorneys are committed to helping Texans fight back against DWI and other criminal charges. We believe every client deserves dedicated representation and a chance to move forward without the burden of a conviction hanging over them. With decades of combined experience defending DWI cases, we know how to challenge evidence, negotiate with prosecutors, and advocate fiercely in court. Our team works closely with clients to understand their goals and develop personalized strategies tailored to their unique situations.

If you or a loved one has been charged with DWI, don’t wait to take action. Reach out to BRCK today to schedule a free consultation and learn how we can help you fight back against DWI charges and protect your future.

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