Some people get arrested for driving while impaired (DWI) charges after a crash. Many others get arrested during a one-on-one traffic stop. What Texas calls a DWI offense is a driving under the influence (DUI) violation in many other states.
Regardless of what the state calls the offense, drunk driving tends to carry serious penalties. In Texas, DWI convictions can result in incarceration, financial penalties and driver’s license suspension. How can someone wrongfully arrested on DWI allegations work to prove their innocence?
A reasonable doubt is all a defendant needs
Proving the absence of illegal activity is all but impossible. Thankfully, that is not the task imposed on criminal defendants in Texas. Instead, they only need to raise a reasonable doubt about their guilt. Doing so is often possible with the assistance of a criminal defense attorney. Lawyers can use many strategies to raise questions about the validity of DWI charges.
Test results may not be reliable
There have long been questions about the overall trustworthiness of chemical breath tests. There are also many reasons why people might fail field sobriety tests that don’t involve chemical impairment. Lawyers fighting DWI charges often ask questions about the maintenance and calibration of testing units. They can also present evidence of medical conditions that may have produced false positive results on tests.
A traffic stop may have been illegal
Police officers need to have a reasonable justification to conduct a traffic stop. Texas is one of a few states that generally does not permit sobriety checkpoints or mass screening efforts to catch DWI offenders. Police officers generally need a legal justification to initiate a traffic stop and must follow certain protocols during the traffic stop. In cases involving clear violations of someone’s rights or the law, an attorney can question the legality of the traffic stop. They might be able to suppress any evidence gathered during the traffic stop.
Technical errors, medical issues and rights violations are among the top defense strategies used by those facing DWI charges. Reviewing the state’s evidence with a skilled legal team can help people trying to develop a defense strategy for pending DWI charges. A proactive defense can potentially help someone avoid criminal penalties and secondary consequences associated with a DWI conviction.