When you are being placed into the back of a police car on suspicion of drunk driving, you may think that you have few options but to be convicted of driving while intoxicated (DWI).
However, it is important to realize that not every DWI case ends with a conviction and sentence. With the help of an experienced DWI defense lawyer, many people successfully fight their charges and avoid a conviction on their record.
Legal Defenses
There are many legal defenses that can be presented that if successful, can result in your case being dropped or in an acquittal at trial. For example:
● Unlawful traffic stop – The 4th Amendment of the U.S. Constitution provides you the right against unreasonable seizure, which means that a police officer must have reasonable suspicion that you have violated the law in some way. If an officer pulled you over without reasonable suspicion of any offense, any case stemming from the traffic stop will be dismissed.
● Insufficient evidence – The prosecutor must prove that you were impaired while driving beyond a reasonable doubt to obtain a conviction. If you did not submit to any chemical tests, your attorney can argue there is insufficient evidence that you were over the legal limit. Even if you did submit to testing, your attorney can call into question any mistakes that officers made to have that evidence kept out of your case. The observations and testimony of the arresting officer can also be challenged to keep the prosecutor from meeting their burden of proof.
These are, of course, only two examples of potential legal defenses that can be used to fight DWI charges in Texas.
An experienced lawyer will need to review the circumstances of your specific case to identify which defense may be available to help avoid conviction.
Contact a Texas DWI Defense Attorney for Assistance Today
If you have been arrested for DWI and are facing criminal charges, it is critical to call a highly experienced criminal defense firm as soon as possible.
At the law firm of Scott M. Brown & Associates, our DWI defense lawyers will do everything in our power to help you avoid a DWI conviction whenever possible and to limit the penalties you face. Call our offices in Houston, Angleton, or Pearland today for more information.
