Arrested for DWI in Houston? An attorney can defend your rights.
Challenging DWI Evidence
Many people who are arrested for drinking and driving in Houston give up
any hope of avoiding a conviction. If you failed a field sobriety test or gave a breath sample which showed that your blood alcohol content was above the legal limit, you may not see how a lawyer could possibly help you. At the Martinez Law Firm, we have extensive experience in DWI defense, and we know how to effectively challenge the evidence a driver may face.
One of the first questions to ask in a case of DWI/DUI is, “Was the traffic stop legal?” The Fourth Amendment of the Constitution secures your right against unreasonable search and seizure, and the police officer who pulled you over must be able to prove that there was probable cause to investigate you for drinking and driving. If the officer’s testimony cannot stand up to aggressive cross-examination from an attorney from our firm, we may be able to have the case dismissed on the grounds that evidence was gathered in violation of your rights.
Contact a Houston DWI Defense Lawyer Today
In order to be lawfully arrested in Houston, a law enforcement official must have reasonable cause. Reasonable cause (or reasonable suspicion) is not a hunch, but is based on observable facts and evidence. Defined, reasonable cause is “based on specific articulable facts taken together with rational inferences from those facts.” In some instances, law enforcement officials arrest people without probable cause, and therefore violate their fourth amendment rights (lawful search and seizure). In this instance, a case could be dismissed for lack of a lawful arrest. An arrest can come after a crime is committed, if there is a lawful warrant or after an indictment and investigation.
Though you may have been pulled over and arrested because you allegedly failed field sobriety tests, and though you may have been charged with DWI because you took a breath test that showed a result of .08% or greater, this does not necessarily mean that you should be convicted. It does not mean that you are guilty. Errors may be made in the manner in which tests are administered or graded. Your rights may have been violated, rendering certain evidence inadmissible. There are various issues that a skilled lawyer can consider in building a strong defense on your behalf.
Find out more about challenging DWI evidence – contact a Houston DWI attorney at our firm.