How to Contest DWI Charges: A Quick Guide
When you want to contest DWI charges, your best bet is to find a Houston DWI lawyer. With an experienced attorney, you have an advocate on your side. Your legal team guides you through the process and offers insight into your case. Schedule a free consultation with a DWI defense team today.
A driving while intoxicated (DWI) charge is generally a misdemeanor for the first offense in Texas. However, these consequences are more severe than other misdemeanor charges. In many cases, a conviction comes with jail time, fines, administrative fees, and a suspension of your driver’s license.
Contesting DWI Charges
In order to avoid the harsh penalties of these charges, this short guide offers advice to contest DWI charges. It requires an adequate defense and extensive knowledge of DWI laws and processes. That’s why a DWI lawyer is a great option to avoid these charges.
Whether you represent yourself or work with an attorney, it’s good to have an understanding of your situation. Below, we offer some helpful hints to build a defense against DWI charges.
Record the Details
Take note of as many details as possible. Write down everything you remember about being pulled over for the alleged DWI. Here are a few examples to consider.
- Statements you made
- What the officer said
- The tests they requested
- How the officer conducted the tests
- Your performance in the tests
- Additional details you remember
When you work with an attorney, they have access to the report and investigation. However, at your free consultation, these details help them understand your case. Moreover, it offers a chance to explore the details and identify weak points. All this helps your attorney establish a defense.
Research Field Sobriety Tests
It’s important to understand the validity of these field sobriety tests. Oftentimes, the tests police officers utilize in DWI charges are inaccurate. This offers an opportunity to contest DWI charges in court.
With broad experience in field sobriety tests, a DWI attorney like Herman Martinez is a great asset to your case. The experience and expertise of the right lawyer offer a great deal of insight into the validity of these tests.
Did Extenuating Circumstances Influence the Sobriety Test?
From injuries to medical conditions, an array of circumstances influence the outcome of field sobriety tests. Not everyone has perfect coordination. As such, anyone has the potential to fail certain tests even when completely sober.
Improper Administration of Tests
When an officer does not conduct a field sobriety test properly, it’s not always valid evidence. With the right DWI defense attorney, you have someone to examine the circumstances of any test you submit to. If there’s improper administration, the court may exclude it as evidence.
Non-Standardized Field Sobriety Tests
Some of the most well-known sobriety tests are invalid as evidence. This ranges from reciting the alphabet to touching your finger to your nose.
Accuracy of BAC Tests
More specifically, breath tests do not always provide accurate information. In certain cases, BAC breath tests offer up inaccurate results with a wide margin of error. This margin of error leaves you room to contest DWI charges.
Additionally, improper administration also has the potential to apply to these tests.
Lack of Probably Cause
Why did the officer pull you over? Unless your negligence results in a drunk driving accident, the law requires the officer have probable cause to pull you over.
Work with a DWI Lawyer to Contest DWI Charges
When you want to contest DWI charges, this guide is only a start. With this initial overview, you have an idea of what it takes to challenge these charges. However, a DWI lawyer is an essential aspect of protecting your rights and your future.
When you work with an attorney, they review the specifics of your arrest. In doing so, they establish a foundation for your defense and build from there. Your legal team works for the best possible outcome in your case. From negotiations to lesser charges to dismissal, they find the best path forward.
To learn more about contesting DWI charges, schedule a free consultation with a Houston DWI lawyer.