Six Defenses That May Help You Against DWI Charges
Whether you are facing your first DWI charges or repeat offense charges, it can be easy to feel quickly overwhelmed. The consequences of a conviction can last a lifetime, which is why you need a criminal defense attorney that you can count on to protect your best interests while defending you in your case.
I am James Angelino, a criminal defense attorney dedicated to fighting the Texas court system for my clients. I proudly stand up to protect the rights of clients throughout the Dallas area. The first step in building a defense for you includes reviewing all the unique details of your case to look for grounds to defend you.
What Defenses Can You Use To Fight A DWI in Texas?
There are many ways that I may be able to defend you against your charges, depending on the factors of your case. Five of the more common defenses include:
Lack Of Probable Cause
If the arresting officer(s) did not have a valid, legal reason to conduct your traffic stop, like signs of reckless driving or seeing you drink and drive, it is possible to dismiss any of the resulting charges at the illegal traffic stop.
Violation Of Your Rights
If the officers in your arrest failed to respect your rights, including reading you your Miranda rights, allowing you to speak with an experienced attorney and only conducting legal searches, any subsequent charges may be invalid.
Field Sobriety Errors
Although common, these roadside tests are often inaccurate for many reasons. If the person taking the test has health issues, is elderly, has a walking injury, is overweight or takes certain medications, the outcome of these tests can be invalid.
Blood Test Evidence
Blood tests are one of the most common ways to prove intoxication after an arrest, but they have weaknesses. If the results of the test or the blood sample appear to be tampered with, go missing or are in any way questionable, that may leave enough room in your case to beat your charges. Additionally, officers need to have a warrant to draw your blood; without it, any evidence they collect should be inadmissible.
No Proof Of Vehicle Operation
It is possible for officers to arrest someone for a DWI without the arrested person actually driving a vehicle. For example, if officers see you intoxicated and in the front seat of your car, they may claim you intended to drive under the influence. However, if your keys were not in the ignition or, even better, out of reach, you may be able to defend yourself by claiming that you were trying to “sleep it off.”
Rising Blood Alcohol Content
To prove DWI, officers will conduct tests to confirm your blood alcohol content (BAC) level. If the officers conduct the test well after the arrest and it shows an illegal BAC level for driving, the defendant may be able to claim that due to the rising BAC, they were not driving while intoxicated at the time of the arrest.
Why Should I Hire The Law Offices of James Angelino To Represent Me In My DWI Case?
Many law firms will claim to be the right representation for your case, but not all of them can offer the same experience that I have. I used to be the Chief of the Denton County DWI Prosecution Unit, and trained others on how to prosecute a DWI case. I know these cases and how to defend you against your charges.
If you are ready to meet with an attorney you can trust with your future, call me at 214-310-9196 or email me here to schedule your initial consultation today. The sooner you reach out to a lawyer you can depend on, the sooner you can resolve your case.