In order to fight a DWI charge in Texas, there are a few very important things to consider, including the reason you were stopped and field sobriety test procedure & accuracy.
A DWI arrest in Texas can be intimidating. With the scientifically validated field sobriety tests and blood or breath alcohol concentration scores, it's natural to feel like there is no point in fighting. But a DWI investigation can go wrong in a number of ways.
1. Were You Lawfully Detained?
First, the officer must have a lawful reason to initiate a traffic stop or detain you. The first step a DWI lawyer will take is to analyze the reason and facts behind officers' initial contact with you. A skilled DWI lawyer with extensive knowledge of case law can find errors officers make when they initiate a detention without developing a proper foundation, and in some cases, you may be able to get all evidence of intoxication suppressed. Make sure to ask us about a young man who was pulled over for reasons the police officer just made up!
2. Were There False Signs of Intoxication?
Second, many things can mimic signs of intoxication. Some people don't have good balance even on their best day. Other times a driver might be extremely tired and not thinking quite like normal due to fatigue. Health conditions like diabetes and past head injuries can cause a sober person to seem intoxicated.
3. Did the Officer Stray From the Rule Book?
Third, standardized field sobriety tests must be conducted strictly adhering to the procedures directed by the Nation Highway Traffic Safety Administration (NHTSA). If the officer varies from the rule book, the tests are no longer scientifically validated and can be discredited in court. Deviation from the rule book happens more often than you think, and most police officers think it’s ok.
4. Did the Officer Follow Proper Testing Procedures?
Finally, it is not simply enough for prosecutors to point out an alcohol concentration score of 0.08 or greater and call it a day. They must first prove that everyone in the chain of custody followed proper procedures when collecting and testing your breath or blood. Prosecutors must also prove that the equipment testing your breath of blood was operating according to specifications. And they must show that your alcohol concentration was greater than 0.08 at the time you were actually driving, not just a couple hours later when you were tested at the jail.
Don’t challenge the police and prosecutors alone! Call Jeff Brown today. He’s an experienced Fort Worth DWI defense lawyer. He will sit down with you, talk through your case and the evidence with you, and craft a unique defense strategy that will give you the best chance at getting your charges dismissed!