Driving while intoxicated (DWI) cases are quite common in the Houston just like other parts of the US. However, it is not impossible to prove your innocence because there will likely be some legal or factual issues in favor of you. The main reason for hiring DWI lawyers Houston is to find the weakness in the prosecution of your case. There may be several weaknesses in the case, and an experienced attorney can dig out every single of them. The next move is to create a thorough and realistic strategy to defend your case. Your attorney will review the strengths and glitches of the case and let you know his action plan to dismiss the case or reduce an otherwise serious sentence.
Texas DWI laws define DWI offenses of various severity and their penalties. Drunk or intoxicated driving is considered a criminal offense that may have serious consequences, the most important of such being losing your license. You will get only 15 days from the date of arrest to request a license revocation hearing at the Department of Public Safety. Here you will have the chance to save your license and also make a reasonable record against the officer who arrested you. Your attorney may find a weakness in your case during this hearing that subsequently may lead to dismissal of the case.
Defending a DWI case
To defend a drunk driving case, your attorney must have an in-depth knowledge of the techniques and procedures of the law enforcing officers or agency. However, it is not very difficult to find out an escape if you and your attorney work together. It is wise to keep in mind some common arguments that can be raised while attacking a DWI case. You can help your attorney with those arguments if applicable to your case.
The first step of your defense is to try to challenge the legality of the arrest. A police officer cannot stop your car unless there is a probable cause like violation of traffic rules or committing a criminal activity. It would be illegal to stop you only by observing your head nodding with music or something like that. If you can prove that the reason to stop your car did not rise to probable cause, then the case can be dismissed despite any later evidence of criminal activity. Another way to defend the case is to challenge the officer’s observations with reasonable logic. For example, if the officer stopped you based on the observation of poor balance or red eyes, you can place a lot of explanations for that observation other than alcohol intoxication. A pre-existing disability may cause poor coordination of movement. Red eyes can be the result of poor sleep or irritation by air or dust.
Have you already asked for your lawyer? If yes, then rest assured that no evidence after that request will be admissible. If the investigating officer makes the mistake of proceeding with the investigation, you will have a great opportunity to make the court reject any evidence presented after the request.
Try to find a glitch in the Standardized Field Sobriety Tests. Three common tests a police officer may ask to perform include horizontal gaze nystagmus test, walk-and-turn test, and the one-leg stand test. These are actually clinical tests performed to see the integrity of certain parts of the nervous system and a lot of conditions, as well as some prescription medications, can cause positive results. Also, it is difficult to perform such tests in a completely foreign environment and for the first time. So, the interpretation of the testing officer can easily be challenged if your lawyer knows the intricacies of the tests and basic missteps an officer can make during such tests.
You can also question the authenticity of the breathalyzer test. So, a positive blood/breath test does not necessarily imply your defeat. There are certain standards for maintaining the breathalyzer and conducting the test. If your attorney can identify any glitch in test procedures, the result will be thrown away by the jury. Also, if you can prove that the positive result was due to ‘mouth alcohol’ and that the test was performed before alcohol can be absorbed into the blood, there will be a great chance of inadmissibility of the test result.
There are just a few of countless strategies to defend a DWI case in Houston. If you want to learn more defense techniques, consult an experienced DWI attorney in your area.