5 Ways to Beat a DWI in San Antonio

 Posted on May 17, 2022 in DWI / DUI

Driving while intoxicated by alcohol is a criminal offense in all fifty states, but states vary in terms of criminal penalties. In Texas, a first-time DWI offense is punishable by a maximum fine of $2,000, loss of driving privileges, and jail time. Texas is unique in that, unlike many other states, there is a minimum jail sentence for DWI even if the offender has never been arrested for drunk driving in the past. Penalties for second and third drunk driving convictions are punished more severely and penalties may include months or years in prison.

If you were charged with drunk driving in Texas, contact a criminal defense lawyer for help. Your attorney can evaluate your situation and determine which defense strategies are most likely to yield favorable results in your case.

Possible Defenses to Drunk Driving Charges in Texas

Each case is different and there is no foolproof way to defend against DWI charges. Some of the possible defense strategies a DWI defense attorney may have at their disposal include:

• Flawed field sobriety tests – Field sobriety tests are used by police to look for signs of intoxication such as loss of balance and coordination. However, factors like inaccurate test administration, obesity, or medical problems can make even a completely sober person fail a field sobriety test.
• Unreliable breath alcohol results – Breath alcohol tests or breathalyzers test a person’s blood alcohol content (BAC). However, these tests can have inaccurate results if the test is administered improperly or there are issues with the testing device itself. For example, breathalyzers that are not regularly calibrated and cleaned between test subjects can yield false positives. Medications, diet, and even mouthwash can also impact the results of a breath alcohol test.
• Unreliable blood test results – Police may require DWI suspects to have a blood sample taken to determine their BAC. Blood samples must be drawn correctly and stored properly so the sample does not ferment and rise the alcohol concentration artificially.
• No evidence of actual physical control – Texas law states that it is illegal to operate a vehicle while intoxicated. “Operate” means that the person is in actual physical control of the vehicle. If you were arrested for drunk driving but the police did not actually see you operating the vehicle, your attorney may be able to argue that you were not in actual control of the car.
• Illegal stop – Police cannot pull a vehicle over or detain an Individual without justification. If a police officer conducts a traffic stop without reasonable suspicion or probable cause of a crime, the traffic stop may be unlawful. Any evidence, including BAC test results, obtained illegally is inadmissible in court.

Contact a San Antonio Criminal Defense Lawyer

If you or someone you care about were arrested for drunk driving, contact San Antonio criminal defense attorney Sam H. Lock for help. Call 210-226-0965 to schedule your confidential case assessment.

Source:

https://www.hhs.texas.gov/regulations/policies-rules/texas-administrative-code