When facing a DWI charge in Texas, understanding your legal options can be overwhelming. DWI cases are complex and often rely on multiple factors, including field sobriety tests, breathalyzer results, and the actions of the police officers involved. With the right legal strategy, however, it is possible to successfully challenge these elements and have the case dismissed or reduced.

At Brck Criminal Defense Attorneys, we focus on helping clients in Texas navigate the often difficult terrain of DWI defense. In this article, we’ll cover some of the key strategies you can rely on to defend yourself against a DWI charge, including the importance of witnesses, the flaws of field sobriety tests, issues with breathalyzer results, and how challenging the probable cause for the stop can lead to case dismissal.

Witness Testimonies in Your DWI Defense

Witnesses can be a game-changer in any criminal defense case, and DWI cases are no exception. One common scenario in DWI cases involves the prosecutor presenting evidence, such as receipts or witness statements, that may be misleading. For example, in one case we handled, the prosecution presented a receipt showing our client bought eight beers at a bar on the night of his arrest. This would seem like strong evidence of intoxication. However, upon investigation, we found a key witness—the bartender—who testified that our client had only consumed one beer that night and was merely buying drinks for his friends due to losing a bet.

This testimony was crucial in challenging the prosecution’s claim that our client was intoxicated. Many times, witnesses at the scene can testify that the individual was sober, didn’t drink excessively, or was in a sound state of mind when leaving a location. Witnesses like bartenders, friends, or anyone who saw you that night could be valuable in establishing your defense.

When facing a DWI charge, don’t overlook the importance of securing testimony from those who were present and can speak to your condition at the time. A skilled defense attorney can use this testimony to help craft a stronger defense and increase your chances of success in court.

The Challenges of Field Sobriety Tests

Field sobriety tests (FSTs) are a tool used by officers to assess whether a driver is under the influence of alcohol or drugs. In Texas, there are three main types of field sobriety tests: the one-leg stand, the walk-and-turn test, and the horizontal gaze nystagmus test (often referred to as the "pen test"). These tests are often used as evidence in DWI cases, but they are not as reliable as many people think.

Field sobriety tests are designed to observe the coordination of an individual, but they are also influenced by many other factors. For instance, factors such as nervousness, age, physical disabilities, or even sports injuries can affect a person’s performance on these tests, regardless of whether they are under the influence of alcohol or drugs. It’s also important to note that the officer’s instructions can impact the test’s outcome. While some officers follow standardized instructions, others may attempt to conduct the test from memory or make mistakes in the process. Any mistake by the officer in giving the instructions or conducting the test could create a significant opportunity for your defense attorney to challenge the validity of the test results.

Additionally, field sobriety tests are not directly related to driving ability. The tests are simply designed to look for clues that might suggest intoxication, but they do not conclusively prove whether someone is impaired behind the wheel. In court, your attorney can attack both the reliability of the tests and the way they were administered, weakening the prosecution’s case.

Breathalyzer Results and Blood Tests

For many years, Texas officers used a two-step breathalyzer process to test drivers suspected of being under the influence. First, a preliminary breathalyzer test was given on the side of the road to help determine whether an arrest should be made. However, this roadside test was often unreliable, and the results could not be used as evidence in court. Only the breathalyzer test administered at the police station was considered valid for evidence.

Recently, there has been a shift toward blood tests, especially when there is a significant time gap between the roadside breathalyzer test and the more reliable test at the police station. Blood tests are more accurate and are becoming increasingly common as a tool for proving DWI cases. However, challenges can still arise. The results of blood tests are not always immediately available, and the collection process itself can be flawed. Issues like contamination, improper handling of the sample, or delays in testing can provide an avenue for challenging the evidence in your case.

Your defense attorney can examine the procedures followed when your blood was taken, analyze the chain of custody, and explore any potential errors in the testing process. These steps can significantly impact the reliability of the evidence against you.

Challenging Probable Cause for the Arrest

One of the most common strategies for getting a DWI case dismissed in Texas is challenging the probable cause behind the arrest. Officers cannot randomly stop drivers to investigate them for DWI without a valid reason. They must have a legitimate, articulable reason for pulling someone over, such as swerving, running a red light, or failing to signal.

If the officer cannot provide a valid reason for the stop, everything that happens afterward, including the arrest, may be deemed invalid. In such cases, any evidence obtained during the stop, such as breathalyzer results, field sobriety tests, or statements made during the arrest, can be suppressed. This can lead to the dismissal of the DWI charge.

At Brck Criminal Defense Attorneys, we frequently analyze dash cam footage or body camera recordings to assess whether the officer had a legitimate reason for the stop. If we find that the officer did not have probable cause, we will file a motion to suppress, arguing that all subsequent evidence should be excluded from the trial. In many cases, this is a key factor in securing a dismissal.

Protect Your Rights: Schedule a Free Consultation

Facing a DWI charge can be stressful, but it’s important to remember that you have options. By challenging the evidence, questioning the field sobriety tests, and attacking the probable cause for the arrest, your case may be dismissed or significantly reduced. With the right defense strategy, it is possible to avoid the serious consequences of a DWI conviction.

If you’ve been arrested for DWI in Texas, don’t hesitate to reach out to Brck Criminal Defense Attorneys for a free consultation. Our experienced attorneys will work tirelessly to defend your rights and build a strong case on your behalf.

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