Common Defenses Against DWI in Texas

January 1, 2023 | By Shane Phelps Law
Common Defenses Against DWI in Texas

Fight Back Against Criminal Charges

Being charged with a DWI in Texas can have severe consequences, including fines, license suspension, and even jail time. However, it's important to remember that everyone is innocent until proven guilty. In this blog, we will explore one of the most common defenses against DWI charges in Texas - the intoxication defense. Understanding this defense strategy can help you navigate the legal process more effectively and protect your rights.

What is the Intoxication Defense?

The intoxication defense is based on the premise that the defendant was not intoxicated at the time of the arrest. In Texas, the legal blood alcohol concentration (BAC) limit is 0.08%. However, it's crucial to note that impairment can also be proven through other means, such as field sobriety tests and officer observations.

Gathering Evidence for the Intoxication Defense

To build a strong intoxication defense, it's essential to gather evidence that challenges the prosecution's claim of intoxication. Here are some tangible tips to consider:

  • Obtain a copy of the police report and review it thoroughly to identify any inconsistencies or errors.
  • Collect witness statements from individuals who interacted with you before or during the arrest to testify about your sobriety.
  • Request the dashcam or bodycam footage from the arresting officer to assess the validity of the arrest.

Challenging the Field Sobriety Tests

Field sobriety tests are commonly used by law enforcement to determine impairment. However, these tests are subjective and can be influenced by various factors. Consider the following:

  • Understand the different types of field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, to identify potential flaws in the administration.
  • Challenge the officer's qualifications and training to administer these tests correctly.
  • Highlight any medical conditions or physical limitations that could have affected your performance.

Seeking Expert Witnesses

Expert witnesses can play a crucial role in supporting your intoxication defense. They can provide scientific explanations and challenge the validity of the prosecution's evidence. Consider the following:

  • Consult with a forensic toxicologist who can analyze blood or breath test results to identify potential errors.
  • Engage an accident reconstruction expert to challenge the officer's observations and provide an alternative explanation for your behavior.
  • Ensure the expert witness is qualified and experienced in providing testimony in DWI cases.

Work With Texas DWI Attorneys

Mounting a successful defense against a DWI charge requires a comprehensive understanding of the law and the available defense strategies. The intoxication defense is just one of the many approaches that can be employed. Remember, it's crucial to consult with an experienced criminal defense attorney who specializes in DWI cases to navigate the complexities of the legal system.

At Shane Phelps Law, we have a proven track record of defending clients against DWI charges in Texas. Our team of experienced attorneys will analyze your case, gather evidence, and build a strong defense tailored to your specific circumstances. Contact us today at (979) 775-4100 for a confidential consultation and let us protect your rights and fight for your future.