What Are the Best Defenses to a Texas DWI?

 Posted on December 18, 2024 in DWI

Being charged with DWI in the state of Texas can cause significant anxiety and stress – and with good reason. Penalties for a DWI can be harsh, and the collateral consequences of a conviction can last for many years, making it difficult to secure employment and making automobile insurance prohibitively expensive.

You could even lose your license for an extended period, which can make life more complicated. If you have been charged with DWI, you must choose an experienced Fort Worth, TX DWI attorney so you will have a carefully crafted, comprehensive defense to your charges.

The Top Nine Legal Defenses for Driving While Intoxicated

The defense used by a DWI attorney will be determined by the client’s personal history, whether this is a first or subsequent DWI, and the facts and circumstances surrounding the stop and arrest. Breathalyzers have many flaws that can be used to dispute a BAC reading when this is the only evidence against the defendant. The most common legal DWI defenses include:

1. There was no reason for the traffic stop in the first place. An officer must have reasonable suspicion that a driver is intoxicated, and bad driving does not automatically equal impaired driving. Your attorney may ask the police officer about all the ways the defendant was driving properly to show that there was no reason for the initial stop.

2. Signs of intoxication do not always equal impaired driving. A police officer may say the arrest was proper because the defendant had a flushed face, slurred speech, or an unsteady gait. While these could be signs of inebriation, they are also the same symptoms a diabetic might have, as well as a person with a cold or allergies.

3. Field sobriety tests are not a good indicator of impairment and depend heavily on a person’s natural physical coordination, age, health, level of anxiety, fatigue level, and more.  

4. The BAC results were inflated as a result of "mouth alcohol." An officer is required to continuously observe a suspect for 15 minutes to ensure he or she does not use mouth spray, mouthwash, or any medication like cough syrup. It is also important that the suspect does not belch or burp, which brings alcohol from the stomach into the mouth, resulting in a falsely high BAC.

5. The officer who administered the breath test was not properly trained or certified, or the breathalyzer itself had not been properly calibrated or maintained.

6. The suspect was not driving and was not in control of the vehicle.

7. The defendant’s BAC was "on the rise." When a person drinks, his or her BAC rises steadily until it reaches maximum level. This takes, on average, about 50 minutes but can take longer. If a defendant had rising blood alcohol when pulled over, the breathalyzer or other chemical test could be wrong.

8. The defendant has hypoglycemia, diabetes, or is on the Keto diet. The body produces ketones as it burns fat. Ketones are chemically similar to the alcohol found in solvents like acetone. Some of these ketones are excreted through the person’s breath, leading to a person’s falsely high BAC reading.

9. The arresting police officer failed to follow proper procedures.  

Contact a Tarrant County, TX DWI Lawyer

If you have been charged with DWI, you need a passionate criminal defense attorney with more than 20 years of experience representing clients charged with DWI. This is exactly what you will have when you hire a Fort Worth, TX DWI attorney from The Dameron Law Firm. His peers have recognized attorney Dameron as a top criminal defense attorney in Tarrant County on multiple occasions, and he has represented those charged with DWI since 2001. Call 817-222-0624 to schedule a free consultation.