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Can You Beat a DWI Charge in Texas?
Getting arrested for driving while intoxicated (DWI) in Texas is an intimidating experience, but a charge is not yet a conviction. The outcome of your case depends on many factors, including the strength of the evidence against you and the quality of your legal defense. In many cases, DWI charges can be reduced or even dismissed. A knowledgeable Georgetown DWI defense attorney will evaluate your case and use the best possible method for challenging the charge.
Possible Defenses Against a DWI Charge in Texas
Texas law enforcement officers must follow strict procedures when conducting a DWI stop, investigation, and arrest. If the officer in your case violated protocol, it can weaken the case against you. Some possible legal defenses common in DWI cases include:
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Unlawful traffic stop: If the officer lacked reasonable suspicion or probable cause to stop your vehicle, any evidence obtained after the stop may be thrown out under the Texas Code of Criminal Procedure Article 38.23.
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Faulty field sobriety tests: Officers must administer field sobriety tests correctly and under proper conditions. Lack of proper instruction, uneven ground, and even some medical conditions can all lead to inaccurate results.
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Inaccurate chemical testing: Breathalyzers and blood tests must be properly administered and documented. Errors in calibration, contamination, or storage can make the results unreliable under Texas Transportation Code § 724.017.
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Rising BAC defense: Alcohol takes time to absorb into your system. Your blood alcohol concentration (BAC) may have been below the legal limit when driving and rose afterward when the test was taken.
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Violation of your rights: If you were denied the right to contact an attorney, improperly informed of your rights, or coerced into a confession, your constitutional rights may have been violated.
What Can a DWI Be Reduced to in Texas?
In some cases, a DWI charge can be reduced to a lesser offense. One potential outcome is a reduction to a reckless driving charge, especially in cases where the BAC was just over the legal limit of 0.08 percent. Lesser charges can reduce or eliminate jail time, avoid license suspension, and limit long-term effects on employment or insurance.
Is It Possible to Get a DWI Charge Dismissed in Texas?
If your attorney can find serious flaws in the state’s case against you, your DWI charge could be dismissed. If the stop was unconstitutional or the arresting officer failed to appear in court, a dismissal could be on the table. Under Texas Penal Code § 49.04, a person commits a DWI offense by operating a motor vehicle while intoxicated. However, proving intoxication requires evidence that may not always be strong, even if you submit to field sobriety testing.
Contact an Austin, TX DWI Defense Attorney for a Free Consultation
If you have been charged with a DWI, the decisions you make now can impact your future for years. A conviction can lead to jail time, loss of driving privileges, heavy fines, and a permanent record. The Georgetown, TX DWI defense lawyers at Morales Law Office, Attorneys at Law, PLLC. are ready to review your case and explore your options with you. Call 512-474-2222 today to schedule your free consultation with someone who understands Texas law.
