The state of Texas takes driving while intoxicated very seriously. The penalties for DWI range from a Class B Misdemeanor all the way to a Second-Degree Felony, depending on the severity of the situation and how many offenses you’ve received in the past. What many don’t know is that Texas police officers can charge individuals with DWI without having a BAC of 0.08.
Sally, age 26, was forced to hire a Fort Worth DWI defense attorney after being pulled over one Saturday night last summer. She had only consumed a couple of cocktails with her friends before determining it was safe to drive home, but when a cop pulled her over for having a tail light out, he smelled alcohol on her breath. He was able to charge her with a DWI because of probable cause.
Thankfully for Sally, her attorney helped her get the charges dismissed because there was no concrete evidence available in her case. While the officer was able to arrest her because he smelled alcohol on her breath, he hadn’t asked her to take a breathalyzer and therefore left the situation up to chance when it came to a conviction. Most people aren’t as lucky as Sally.
Defenses Used to Reduce or Dismiss DWIs in Texas
When an officer uses field sobriety tests or blood and breath tests, more strategic defenses need to be utilized in the courtroom. Particularly in Texas, where the law is so strict, DWI attorneys must get creative. Field sobriety tests can often be refuted due to the fact that they don’t provide any scientific proof that the driver was intoxicated.
Field sobriety tests include tests such as walking in a straight line and reciting the alphabet backward. When these tests are failed by drivers, it’s not easy to determine whether the reason for failure is clumsiness, confusion, or if intoxication is truly the underlying cause. Police officers also have a lot of power in judging the test results of field tests, whereas blood and breath tests provide better accuracy.
Even blood and breath test results can sometimes be refuted in court when the administration of the test is proven faulty. For example, if a police officer doesn’t calibrate a breathalyzer before giving it to a driver, the results can be inaccurate.
Without DWI lawyers doing their research and knowing proper strategies to defend drivers in need, a lot of innocent people would be incarcerated for petty crimes. Driving while intoxicated should never be taken lightly; however, the state of Texas allows officers to arrest drivers on the basis of probable cause, which means a lot of drivers get charged with DWI when there may not be valid reasoning for it. Thanks to DWI lawyers, those drivers who may be innocent have a fighting chance at freedom.