Five viable defenses against a drunk driving charge
A DUI or DWI charge has serious consequences. Anyone charged with this crime should consult with an attorney immediately.
With the help of this professional, the driver may be able to get the charges reduced or dropped. The attorney may also halt the suspension of the accused’s license or take the case to trial and win.
Proving a DUI case
Law enforcement officers must prove the charged party was driving a vehicle while impaired or had drugs and alcohol in their body that exceeded the legal limit. If they cannot prove the individual was driving or that they were impaired, the case will not go forward. A Fort Worth DWI Lawyer will try to find a defense that counteracts the prosecution’s claims.
1) Intoxication or impairment
Officers frequently use chemical tests to determine if a driver is impaired or has more than the legal amount of drugs or alcohol in their system when arrested. The attorney may challenge the blood alcohol concentration (BAC) results. They may also argue the testing procedure was flawed.
2) Signs of intoxication
An officer may testify the driver was impaired rather than relying on a chemical test to prove intoxication. The officer might conduct a field sobriety test or say the charged individual smelled of alcohol. Driving behavior, slurred speech, or bloodshot eyes might also be reasons the officer determined the individual was under the influence.
The attorney will challenge these observations and may call in witnesses who contradict what the officer says. While the prosecution will argue that witnesses are biased, particularly if they were in the car with the driver charged with DWI, the attorney might feel this defense will benefit the driver.
3) Unreliable field sobriety tests
The results may be thrown out if an officer doesn’t follow protocol when conducting field sobriety tests. Specific tests, for instance, must be carried out on a flat surface. The results may be inaccurate if the accused was standing on a slope. The attorney will argue this point and try to get the charges dismissed.
4) Illegal stops
A police officer cannot pull over any car. They must believe that the driver or a passenger has committed a crime. The exception to this is a DUI checkpoint, which is forbidden in Texas, or a roadblock.
When an officer pulls a driver over without this probable cause, most courts will say evidence collected during the traffic stop cannot be used in court. If the driver commits any traffic violation, the police officer can conduct a traffic stop.
5) Unlawful arrest
While the officer may have probable cause to pull a driver over, this does not give them the right to arrest the driver. Before an arrest can be made, the officer must believe the driver violated one or more state DUI laws.
To show the driver was, the officer will often observe the individual and perform a breath test. Defense attorneys say these are the two hardest things to challenge in a court of law. Most judges feel these observations and the breath test results are enough for probable cause.
Get the help of an attorney
These are only a few DWI defenses an attorney might use. They look for the defense most applicable to the case they are handling. Reach out for help today, as the attorney may be able to reduce the severity of any DUI penalties imposed if the driver is convicted. The driver will appreciate this help.
