Beating a DWI charge in Texas can be challenging, as the state has strict laws and penalties for driving while intoxicated. However, it is not impossible to successfully defend against a DWI charge, especially with the help of a Houston DWI lawyer like Attorney Jay Blass Cohen.
If you’ve been arrested for DWI, please contact the DWI defense team at Blass Law and learn how we will work tirelessly to get your case dismissed or beat the criminal charges against you. We begin by evaluating your case and identifying any potential strengths or weaknesses in the prosecution’s argument.
What Is a DWI Charge in Texas?
The State of Texas refers to driving while under the influence of alcohol or drugs as “driving while intoxicated” or DWI. A DWI offense, per Texas Penal Code § 49.01, is legally defined as having a blood alcohol concentration (BAC) of .08% or above or not having “normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug…or any other substance into the body.”
There are other charges commonly associated with a DWI, such as:
- Driving while intoxicated
- Driving while intoxicated with a child passenger
- Boating while intoxicated
- Public intoxication
- Possession of alcohol in a motor vehicle (open container)
- Drug possession with or without intent to distribute
- Intoxication assault
- Intoxication manslaughter
DWI charges and the above offenses can result in hefty fines and jail time and should be taken extremely seriously. You are urged to contact Attorney Cohen promptly for a consultation so he can begin working to minimize the potential for any dire consequences you might face, including a criminal record, jail sentence, losing your driving privileges (via automatic suspension of your license), and more.
How Can You Beat a Texas DWI Charge?
There is no one tried-and-true way to beat a DWI charge, which entails getting a client’s case dismissed or being found not guilty in court. Attorney Cohen will need to review the entirety of your circumstances and all the available evidence to determine the best course of action.
The facts of your DWI case will determine which defense strategy is more likely to yield the best possible outcome. If this outcome does not bring a dismissal but your charges and penalties are significantly reduced, this would still be considered a “win” in many instances.
Many criminal defense lawyers advise their clients to plea bargain as a first option, so they don’t have to do all the work it takes to get their case dismissed. Attorney Cohen always considers your needs and goals as a client when taking your case, and he will fight for the best possible outcome instead of taking the most convenient way out.
What Are Some Common Defenses for Texas DWIs?
There are several potential strategies that can be used effectively in many Texas DWI cases, including, but not limited to, the following:
Challenging the Legality of the Traffic Stop
In order for law enforcement to pull over a vehicle, the officer must have reasonable suspicion that a traffic violation occurred. In other words, the officer observed the driver breaking a traffic law, such as speeding, swerving, crossing road lines, or another violation.
The legality of the traffic stop, as noted in the police report, hinges on whether the officer properly judged both reasonable suspicion (a crime may have been committed) and probable cause (a crime most likely was committed). If the officer’s observations are questionable, the stop could be challenged in court by a motion to suppress.
Challenging Movement or Operation of the Motor Vehicle
In a Texas DWI case, the prosecutor must show your vehicle was moving and you were operating it (or had control of its movement) at the time you were intoxicated above the legal limit. For example, if you were sitting in a parking lot in your vehicle attempting to sleep off the effects of alcohol rather than drive, this is not the same as moving and operating your vehicle while intoxicated.
Challenging the Validity of Law Enforcement Procedure
If law enforcement uses unlawful procedures to search or obtain a confession from an individual, this rights violation can be the basis for a motion to suppress. For example, one of the more common violations is neglecting to read Miranda rights to a person being arrested and/or questioned. While such infringements may not get your case dismissed, they can prevent the jury from hearing evidence obtained by this violation of your rights.
Challenging the Breathalyzer Test
Breathalyzers can be useful tools for identifying drunk drivers, but they are subject to the same mechanical failures and inaccuracies as other devices. Specifically, these appliances must be properly calibrated and checked frequently to guarantee accuracy. If a breathalyzer technician fails to adjust the calibration properly, the readings for that device could be incorrect.
Similarly, if you were administered a breathalyzer test one or two hours after driving, this will not indicate what your BAC was at the time you were driving. Technicians must use special unreliable mathematical calculations to even estimate what your alcohol level was at the time you were driving based on your breath test.
Challenging the Field Observation Sobriety Test
Field sobriety tests are usually conducted at a police officer’s request within minutes of being pulled over for suspicion of DWI. According to the U.S. Department of Justice, the three most reliable tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
These tests are purely subjective, and the officer conducting them is only looking for mistakes. However, many people have physical issues or health conditions that could cause them to fail the test, regardless of their alcohol level.
Contact a DWI Defense Attorney at Blass Law Today
Attorney Jay Blass Cohen is certified as an ACS-CHAL Forensic Lawyer-Scientist and in forensic chromatography for both alcohol and drugs, is a practitioner and instructor in Standardized Field Sobriety Testing and has completed training as a Drug Recognition Expert. He will fight hard to beat your DWI charge and achieve the best possible outcome.
At Blass Law, we understand that every DWI case is unique. Therefore, we carefully examine the details of each case and customize our defense strategy accordingly. By using this approach, we can create a personalized defense intended to effectively dispute the prosecution’s case.
If you’ve been arrested for DWI in Texas, contact our legal team today for a confidential consultation. We can begin working on your case right away and provide you with aggressive representation from a passionate criminal defense attorney.