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How to Beat a DWI Charge in Texas

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Protect your rights and your future with an experienced DWI attorney

You’ve been arrested for DWI. Now, you’re looking at an uncertain future: jail time, fines, loss of driving privileges, and all the effects those consequences could have on your career, your housing, and your relationships. What can you do? You need to get the right DWI attorney who knows how to beat those charges.

There are several strategies an experienced DWI lawyer can use to overcome the charges against you, including but not limited to:

Challenging the traffic stop

The police may not have had a valid reason to pull you over in the first place. An officer must at least have “reasonable suspicion” that you were driving drunk or otherwise violating traffic laws. Or the officer may have violated your rights during the traffic stop itself. If your lawyer successfully challenges the traffic stop, then everything the police discovered during or after the stop can be thrown out, which usually means there is no evidence left for the prosecution to use.

DUI checkpoints are an exception to the usual rules around traffic stops. However, checkpoints have other constitutional requirements that the police need to abide by. Again, if the police violated your rights in a DUI checkpoint, then the traffic stop can be challenged, and any evidence they discovered via the unlawful traffic stop can be suppressed.

Challenging the search

Even during a legal traffic stop, the police can only search your car with a warrant, your consent, or probable cause to suspect criminal activity. This doesn’t apply to evidence that is “open and obvious” in your vehicle, but it does apply to opening the trunk, looking under the seats, and so on. Again, if the police obtained evidence through an illegal search, that evidence can be suppressed so that it can’t be used to convict you.

Challenging the credibility of the evidence against you

If the evidence against you can’t be thrown out, an experienced DWI attorney can cast doubt on the validity and credibility of that evidence. For example, breath test results may not be reliable if the police cannot prove that the machine was properly calibrated or if they did not follow proper testing protocol. Breath tests can also produce false positives if you recently used mouthwash, have taken certain medications, or have certain medical conditions such as diabetes or COPD.

Field sobriety tests are likewise unreliable, especially if your performance in the test was affected by darkness, a medical condition, or other factors unrelated to your level of intoxication. Moreover, field sobriety test results depend on the officer’s interpretation, which may be unreliable.

Talk to an experienced DWI attorney about your rights

These are just a few of the strategies that a DWI lawyer can use to protect your rights and beat the charges against you. The exact strategy that will work best in your case depends on the circumstances. That’s why it’s so important to get legal advice as soon as possible after you are arrested and charged with DWI.

As an experienced defense attorney and former prosecutor, Attorney Webb knows how to fight DWI charges and get real results for defendants in Conroe, Montgomery County, and throughout the Houston area. Give us a call or contact us online for a free, confidential consultation.

"Amanda and her staff helped me through my recent DWI. She gave me several options that were available to me. I would highly recommend her to represent you. She did a great job on my case." - Cheryl B.