Facing charges of driving while intoxicated (DWI) has the potential to significantly disrupt someone’s life, both in the short- and long-term. The possibility of serving a certain amount of time in jail along with the threat of substantial monetary fines can create a lot stress and anxiety. Fortunately, being accused of DWI is still far from being convicted in a Texas courtroom, and there are often a multitude of possible criminal defense strategy options in these cases.
Some of the most typical defenses for those who face charges of driving while intoxicated involve challenges against the arresting officer’s actions, including the following:
- The traffic stop was legally unjustifiable.
- A flawed Breathalyzer test took place.
- The accused’s blood alcohol concentration (BAC) didn’t increase to an illegal level until the administration of the test.
- A field sobriety test was conducted improperly.
- Inaccuracies resulted from a field sobriety test.
- There was some form of tampering or misstep that happened during the blood test.
Furthermore, there are defense strategies sometimes implemented in these cases where particular circumstances have the potential to justify the actions of the accused. These are known as affirmative defenses and can include the following:
- The accused was under duress from an immediate threat of harm or injury.
- The driver’s actions were necessary to avoid something more consequential from taking place.
- The accused made an honest mistake of not realizing he or she was impaired due to a credible reason.
Considering all the possible criminal defense strategies and other legal options, having adequate guidance and support when facing DWI charges can be critical to one’s future best interests. An experienced Texas criminal defense attorney can carefully examine the unique details of one’s case, including potential flaws in any evidence brought forth by the prosecution, to increase the odds of achieving the most favorable outcome possible.
