Top Strategies For Fighting A Driving Under The Influence Charge

Fighting a drunk driving charge in the state of Texas requires a strategic and thorough approach. Challenging the legality of the traffic stop, questioning the accuracy of breathalyzer and blood tests, and highlighting procedural errors can all be effective defense strategies.

Support is available after an arrest. Real-life case examples and success stories demonstrate the importance of having a knowledgeable and experienced Houston DWI lawyer by your side.

Legality of the Traffic Stop or Questioning Tests

Often a first line of defense is to challenge the legality of the traffic stop. Law enforcement officers are required to have reasonable suspicion to pull you over. If the officer cannot provide a valid reason for the stop, any evidence obtained during the stop may be deemed inadmissible in court.

For example, if a driver was pulled over for allegedly swerving within their lane, a defense attorney may argue that the officer did not have reasonable suspicion since swerving within a lane does not necessarily indicate impaired driving.

And while breathalyzer and blood tests are common tools used by law enforcement to measure blood alcohol content (BAC), these tests are not infallible. Sometimes the results they provide can be challenged. Factors such as improper calibration of the device, medical conditions affecting the results, and errors in test administration can all be used to question their accuracy.

So, if a person’s breathalyzer test result indicated a BAC above the legal limit but their lawyer later discovered that the breathalyzer machine had not been properly calibrated according to state regulations, that could be the bedrock of a defense. This revelation may have led to the suppression of the results, and dropped charges.

Procedural Errors Made by Law Enforcement

When law enforcement failed to follow proper procedures, didn’t read the Miranda rights, or mishandled evidence, it could be cited as a procedural error. Should your defense attorney find that an arresting officer made missteps, they could use this to defend you against charges.

There have also been situations where a drunk driving arrest is connected to a minor accident. Then, an attorney may be able to scrutinize police reports and body cam footage, revealing inconsistencies in officer statements and evidence handling of evidence. When this is possible, discrepancies can be highlighted, allowing the defense to cast doubt on the prosecution’s case, often leading to a favorable plea agreement for the client.

If you or someone you care about is facing criminal charges, consult with a Houston DWI lawyer who can develop a robust defense tailored to your specific situation, informing you of your options and protecting your rights.

Were you pulled over and accused of drunk driving in the Houston area? Even if you believe you know what defense tactic to use, talk to a skilled lawyer before moving forward. When you hire the legal team at Ayson Law Firm, you will have seasoned professionals on your side who have secured successful outcomes for past clients in situations similar to your own. To learn more, schedule a confidential consultation, simply contact us.