If a person is charged with driving while intoxicated (DWI) in Texas, they may have several options for defending themselves in court. While each case is unique, there are some strategies that are commonly used in DWI cases in Texas.
One defense strategy that is often used in DWI cases is challenging the accuracy of the test used to measure the person's blood alcohol concentration (BAC). Breathalyzer tests, which measure the amount of alcohol in a person's breath, are commonly used by law enforcement to determine a person's BAC. However, these tests can be unreliable, and there are several factors that can affect their accuracy. For example, certain medical conditions, such as acid reflux, can cause a person's BAC to appear higher than it actually is.
Another defense strategy that is sometimes used in DWI cases is challenging the validity of the traffic stop. In order for a traffic stop to be legal, law enforcement must have reasonable suspicion to believe that a traffic violation or crime has occurred. If the traffic stop was not based on a reasonable suspicion, the evidence gathered during the stop, including a BAC test, may not be admissible in court.
A person charged with DWI may also try to challenge the validity of the arrest. In order for an arrest to be legal, law enforcement must have probable cause to believe that the person has committed a crime. If the arrest was not based on probable cause, the evidence gathered during the arrest, including any BAC test results, may not be admissible in court.
In addition to these defense strategies, a person charged with DWI may also try to argue that they were not driving while intoxicated. This may involve presenting evidence that the person was not under the influence of alcohol at the time of the traffic stop or arrest, or that their ability to safely operate a motor vehicle was not impaired.
It is important to note that these are just a few of the many defense strategies that may be used in DWI cases in Texas. The specific defense strategy that is used will depend on the circumstances of the case and the person's individual situation.
If a person is facing a DWI charge in Texas, it is important for them to seek legal advice as soon as possible. An experienced attorney can help a person understand their options and develop a defense strategy that is tailored to their specific situation. While it is possible to defend against a DWI charge and potentially have the charges reduced or dismissed, it is important to understand the risks and to take the matter seriously.