Possible defenses against a DWI in Texas

If you face charges of driving while intoxicated, you may feel your case is a lost cause. Perhaps you review your options to find the easiest way to get the proceedings over with.

However, a DWI conviction can have serious, lifelong consequences. Take confidence in knowing you have defense options available to help you.

The police should not have pulled you over in the first place

The police can suspect drunk driving directly and indirectly. Directly would be seeing warning signs such as erratic driving. Indirectly would be stopping you for another traffic violation and then suspecting you of being drunk after interacting with you or noticing evidence in the vehicle. However, if the police had no reason to pull you over, then the basis of your charges may not be legal, and the court may dismiss them.

Your test results were inaccurate

At the side of the road, the police may ask you to perform a field sobriety test. This test is not mandatory, but not knowing that, you may have consented to it. Many factors could have led to you failing the test despite being sober, such as your age and health, the shoes you were wearing or the condition of your surroundings.

If you submitted to a chemical test (usually breath or blood), inaccuracies are possible, too. This is most likely with breath tests, which have many opportunities for mistakes due to comprehensive training guidelines and mechanical defects. However, the rest are not immune to error. The lab may have done the test incorrectly or mixed up the results.

Another reason for inaccurate results is factors that led to a false positive. These factors include:

  • Food
  • Health problems, including auto-brewery syndrome
  • Medication
  • Oral hygiene products

Just as with a traffic stop, if the officer did not have probable cause for requesting the chemical test, the results may not be permissible in court.

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