Common Legal Defenses Against DWI Charges
Defending against DWI (Driving While Intoxicated) charges in Texas can be complex, but there are several common legal defenses that a skilled DWI attorney can use to challenge the prosecution's case. These defenses can potentially result in reduced charges, case dismissal, or a more favorable outcome.
Here are some of the common legal defenses to DWI charges in Texas:
- Lack of Probable Cause: Law enforcement must have a valid reason to stop and detain a driver. If they lack probable cause to believe you were violating traffic laws or impaired, any evidence obtained during the stop may be inadmissible in court.
- Illegal Search and Seizure: If the police conducted a search or seizure without a valid warrant or probable cause, it may violate your Fourth Amendment rights. Evidence obtained through an illegal search and seizure may be suppressed.
- Improper Field Sobriety Tests: Field sobriety tests are often used to assess a driver's sobriety. However, they are subjective and can be influenced by various factors such as the environment and the individual's physical condition. If the tests were administered improperly or unfairly, their results may not be reliable in court.
- Inaccurate Breath or Blood Testing: Breathalyzer and blood tests are common methods for determining blood alcohol content (BAC). These tests can be challenged if there were calibration or maintenance issues with the testing equipment, improper administration, or other factors that could lead to inaccurate results.
- Rising BAC Defense: Alcohol absorption in the body is not instantaneous, and it takes time for the body to metabolize alcohol. If you consumed alcohol just before driving, your BAC may not have been over the legal limit while you were driving, even if it was when the test was administered. This "rising BAC" defense can be used to challenge the results of a BAC test.
- Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can produce false positives on breathalyzer tests. If you have a medical condition that could affect the accuracy of the test, your attorney may use this as a defense.
- No Miranda Warning: If you were not read your Miranda rights when you were arrested, any statements you made while in custody may be inadmissible in court.
- Witness Credibility: Your attorney may question the credibility of witnesses, including the arresting officer, if there are inconsistencies or contradictions in their statements.
- Rising Defense: In some cases, a driver may have consumed alcohol just before driving, and their BAC was still rising when they were tested. This defense argues that the driver was not over the legal limit while driving but was only over the limit when the test was administered.
- Necessity Defense: If you were forced to drive while intoxicated due to a threat to your safety or the safety of others, you may have a necessity defense. This defense argues that there was a valid reason for your actions.
- Violation of Rights: If your rights were violated during the arrest or investigation process, such as failure to be informed of your rights, unlawful detention, or coercive questioning, your attorney may argue that your rights were violated.
- Error in Police Procedure: Your attorney may scrutinize the entire arrest process to identify any procedural errors made by law enforcement. Any mistakes in following proper protocols could weaken the prosecution's case.
Why Choose Us?
If you are facing DWI charges, you need a skilled and experienced lawyer on your side. At the Law Offices of Mark M. Childress, we have the knowledge and the skills necessary to help you successfully resolve your legal matter.
Here's why you should choose the Law Offices of Mark M. Childress:
- Extensive Experience: Attorney Mark M. Childress has years of experience in DWI defense, with a deep understanding of Texas DWI laws and courtroom procedures.
- Personalized Approach: We understand that every DWI case is unique. We provide personalized legal strategies tailored to your specific circumstances.
- Proven Success: Our track record speaks for itself. We have successfully defended countless clients against DWI charges, helping them achieve favorable outcomes.
- Local Expertise: We are based in Arlington, Texas, and have a strong familiarity with the local legal landscape, judges, and prosecutors.
- Dedication: Our commitment to our clients is unwavering. We will fight tirelessly to protect your rights and future.
Our Arlington DWI defense lawyers understand that DWI offenses can have a lasting impact on your life. We are committed to helping you resolve your matter as quickly and as smoothly as possible.
Frequently Asked Questions About DWIs
How Long Does a DWI Stay on My Record in Texas?
In Texas, a DWI conviction can have lasting repercussions, as it stays on your criminal record permanently. Unlike some offenses that can be expunged or sealed, a DWI cannot be removed from your record simply because time has passed. This permanent record can affect various aspects of your life, including employment opportunities, housing, and even your ability to obtain certain licenses. It's crucial to have an understanding of these long-term impacts and work with a knowledgeable attorney to explore any available legal options that might mitigate the consequences, such as seeking a non-disclosure to limit access to your criminal record.
What Should I Do Immediately After a DWI Arrest?
After a DWI arrest in Arlington, Texas, it's imperative to take quick and informed actions to protect your legal rights. Firstly, refrain from making any statements that could potentially incriminate you. Contacting a qualified DWI defense attorney should be your next step; they can provide guidance specific to your situation. Additionally, note every detail you can remember about your arrest as these details can aid your attorney in constructing an effective defense. Remember to adhere strictly to any bond requirements and prepare for potential administrative proceedings regarding your driver's license.
How Can a Lawyer Help Me with My DWI Charge?
A DWI lawyer provides invaluable assistance by shielding your rights and crafting a potent defense strategy tailored to your circumstances. They critically analyze all evidence, including sobriety tests and arrest reports, to counter potential flaws in the prosecution's case. Lawyers can also negotiate plea deals or reduced sentencing if it's in the client's best interest. Furthermore, they help manage the paperwork and procedural elements to ensure compliance with court requirements, and importantly, they represent you during hearings to advocate on your behalf, leveraging their knowledge to seek the most favorable outcome possible.
What Impact Does a DWI Have on Driving Privileges?
A DWI conviction significantly impacts driving privileges in Texas, with several potential outcomes depending on the severity of the offense and any prior convictions. Penalties can involve temporary suspension of driving privileges, often ranging from 90 days to two years. Offenders might be required to install an ignition interlock device in their vehicles, which prevents the car from starting if alcohol is detected on their breath. Maintaining driving privileges often involves meeting specific conditions set by the court, including mandatory participation in driving courses or rehabilitation programs. Understanding these requirements is essential for anyone seeking to regain or retain their driving rights.
Contact Our DWI Attorney in Arlington Today
If you need experienced legal guidance, don’t wait to get the help you deserve. At the Law Offices of Mark M. Childress, our team is dedicated to providing personalized and effective solutions for your legal needs. Contact us today to schedule a consultation and discuss your case with our Arlington DWI lawyer.
Contact us today at (817) 497-8148 to discuss your case with our Arlington DWI lawyer.
