Defenses in Dallas DWI Cases
Under Texas law an individual may be convicted of driving while intoxicated if he or she was operating a motor vehicle in a public place while intoxicated. Intoxication may be determined by the prescribed blood alcohol content (BAC) limit, which varies for minors, commercial drivers, or drivers without the normal use of their mental or physical faculties. A DWI offense is a serious crime that may jeopardize employment opportunities, higher education admissions, and driver’s license abilities, amongst other factors, which is why it is important to challenge an unwarranted DWI charge.
Challenging Your DWI Charge
In order for an individual to be charged with a DWI, the prosecution must prove each element of a DWI charge. The inability to do so may be brought forth by the defense in challenging the validity of the charge. The prosecution must prove:
- The identity of the driver
- That the driver was operating a motor vehicle in a public place
- The vehicle was being operated in the state of Texas
- The driver’s BAC level exceeded the prescribed limit
- The driver lacked normal use of his or her mental or physical faculties
Challenging the Constitutionality of a DWI
One defense to a DWI charge is to challenge its constitutionality. One may question the constitutionality of:
- The traffic stop
- The administration of roadside tests
- The search and seizure
- The probable cause to arrest
- Miranda rights
Another way to challenge a DWI charge is to defend against the manner in which roadside tests were given. Factor to consider include:
- Whether the arresting office properly went over the testing procedure with the driver
- Whether the arresting officer coerced or threatened the driver into participating in the tests
- The weather conditions during the tests
- The surface on which the tests were conducted (was it slippery, uneven, flat, etc.)
- The accuracy of the arresting officer’s observations
Intoxication levels are often determined with the use of blood, urine, or breath tests. Defenses to such testing can be brought forth by questioning the validity or accuracy of these tests, based on timing, administration, protocols, and laboratory procedures.
How to Challenge Your DWI Charge
If you have been arrested and charged with a DWI, it is urgent that you seek a strong legal defense to assist you in challenging your DWI offense. The Wilder DWI Defense Firm consists of a team of highly experienced DWI offense attorneys who have the knowledge and expertise needed to create a strong defense to your DWI charge. Contact the Wilder DWI Defense Firm today to schedule your free consultation.
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