Texas DWI: Common Types of Defenses
Facing a Texas DWI charge can be overwhelming and intimidating. There may be a variety of defenses available to you depending on the circumstances of your case. A criminal defense firm can help you understand the potential defenses available to you and assist you in building the best possible defense.
Texas DWI laws are complex and the consequences of a conviction can be severe. It is important to consult with an experienced defense attorney like Gallian Firm, who can review your case and determine the best course of action. Below is an overview of some of the most common types of defenses used in Texas DWI cases.
1. Texas DWI: Challenging the Arrest
If you were arrested for a Texas DWI, it is important to understand your rights. The police must have probable cause to believe that you were operating a motor vehicle while intoxicated in order to make a lawful arrest. This means that the officer must have observed certain behavior or have evidence that you were operating a motor vehicle while under the influence of alcohol or drugs.
If the officer did not have probable cause to make the arrest, then your DWI defense attorney can challenge the arrest in court. If the court agrees that the arrest was unlawful, then any evidence obtained as a result of the arrest could be excluded from your trial.
2. Challenging the Breath Test
If you were subjected to a breath test after your arrest, the results of the breath test can be used as evidence of intoxication in court. However, there are several ways that your DWI defense attorney could challenge the results of the breath test. For example, the DWI attorney could argue that the breath test machine was not properly calibrated or that the officer did not follow the proper procedures when administering the test. If the court agrees that the breath test results are unreliable, then the results could be excluded from your trial.
A top DWI attorney like Gallian Firm have been aggressively challenging and winning challenges to these tests for many years.
3. Challenging the Field Sobriety Test
In many Texas DWI cases, the officer will administer a field sobriety test to determine if you are intoxicated. The results of this test can be used as evidence of intoxication in court. However, your attorney could challenge the results of the test by arguing that the officer did not follow proper procedures or that the test was not administered correctly. If the court agrees, then the results of the test could be excluded from your trial.
4. Challenging the Blood Test
If the officer obtains a blood sample from you after your arrest, the results of the test can be used as evidence of intoxication in court. However, your attorney could challenge the results of the blood test by arguing that the sample was not properly collected, stored, or analyzed. If the court agrees, then the results of the blood test could be excluded from your trial.
Gallian FIrm is your TEXAS DWI LAWYER
Having a Texas DWI charge can be overwhelming and incredibly stressful. It’s important to consult with an experienced criminal defense firm who can find the best course of action to fight your DWI charges by looking over your case and finding a number of ways to challenge the charges.
Gallian Firm is an award-winning firm made up of aggressive and knowledgeable DWI defense lawyers located in Dallas, Texas. Gallian Firm lawyers are committed to helping their clients create the best possible defenses and get you back to your normal life. There is no firm that works harder to ensure the best outcome for their clients, who are reliable and experienced, and who communicate regularly and effectively than Gallian Firm. Give Gallian Firm a call if you have been charged with a DWI or another crime, and schedule a free consultation or case review, by phone or in person.