You are dealing with an arrest for drunk driving, and your future flashes behind your eyes. Will you go to jail? And will you be able to keep your job — or get another job?
Fortunately, just because you face a DWI charge does not mean you are automatically guilty. The government in Texas has to prove your guilt beyond a reasonable doubt before a conviction can take place. You have a few options for mounting a strong defense in a DWI case in the Lone Star State.
Field sobriety and breath test accuracy
One of the most common defenses in impaired driving cases is that the results that police obtained from field sobriety or Breathalyzer tests used on you are not accurate. For instance, your arrest might be improper if police arrested you based on a field sobriety test that they did not administer properly. For instance, it is common to challenge a test called the HGN, or horizontal gaze nystagmus, test, which helps with detecting the types of eye movements associated with being drunk.
You can also challenge how police administered a Breathalyzer test either in the field or at the police station following your arrest. A question that may be worth asking is if the officer received appropriate training on the use of this test. In addition, perhaps intervening factors might have made it impossible to obtain accurate results — for example, indigestion or vomiting. Furthermore, the device might not have undergone proper maintenance and calibration.
Defenses related to the blood
Another common DWI defense has to do with a blood test that officials give you after suspecting intoxication. In some cases, people have mishandled or tampered with blood tests, which makes their results inadmissible in court.
In addition, you might be able to argue that your blood alcohol content was under the legal limit at the time you were behind the wheel, but then it increased from the time police stopped you to the time you completed the blood test. This can happen if you had just consumed alcohol and it had not fully absorbed into your system until you took the blood test.
How to ensure that you have the best defense possible
If you are facing a DWI charge, a qualified attorney will thoroughly investigate each side of your particular case and also review any video of your traffic stop and arrest. The attorney knows which questions to ask you to pinpoint holes in the prosecution’s argument. Your attorney’s ultimate goal is to help you to preserve your driver’s license and your freedom.