Three Ways to Fight a First-Time DWI Charge in Texas

 Posted on November 16, 2023 in DWI

Facing a first-time Driving While Intoxicated (DWI) charge in Texas can be a scary experience, especially if you have never been arrested before. However, it is essential to remember that everyone has the right to a fair defense under our criminal justice system. If you are facing first-time DWI charges, contact an experienced lawyer to ensure you can fight the charges and give yourself a fair chance at obtaining a positive outcome in your case.

Contesting the Traffic Stop

A critical element in a DWI case is the initial traffic stop. More specifically, the reason why you were stopped in the first place. To challenge a first-time DWI charge, your attorney will carefully examine the circumstances surrounding the stop. At this point, your attorney will determine whether the police officer had reasonable suspicion to pull you over. If it is uncovered that the stop was conducted without proper cause, the evidence obtained during the stop may be suppressed, weakening the prosecution’s case against you.

Contesting the Field Sobriety Tests

Field sobriety tests are frequently used tests by law enforcement which are used to gauge whether a driver is impaired or not. Contrary to popular belief, these tests are far from always accurate and may not always accurately indicate signs of intoxication. Challenging the validity of field sobriety tests can be a powerful defense strategy. Bad weather, physical limitations of the driver, or even a case of nervousness can dramatically impact a driver’s performance on these tests. A skilled attorney can scrutinize the administration of the field sobriety tests and argue for their unreliability, potentially leading to the exclusion of the evidence from the trial.

Contesting the Blood Alcohol Content Results 

As you are likely aware, Texas state law prescribes 0.08 percent or higher the cut-off point signifying intoxication. However, the methods used to measure blood alcohol content (BAC) results are not always free of error. Challenging the accuracy of BAC results can be a bold but potentially effective defense strategy. Factors such as faulty breathalyzer machines, incorrect calibration, or mishandling of blood samples can cast doubt on the reliability of the BAC evidence. An attorney with experience in DWI cases can work with forensic professionals to challenge the validity of the BAC results, potentially working towards the results being excluded when it comes time for trial. 

Contact a Fort Worth, TX DWI Attorney

For the criminal defense you can rely on, contact the skilled Tarrant County, TX DWI lawyer with The Dameron Law Firm. Call 817-222-0624 for a free consultation.