DWI prosecutions are not always successful, and various defense strategies may be useful in your case. Raising defenses and challenging the evidence in a Dallas DWI case may be an effective way to fight back against these potentially damaging charges.
A criminal defense lawyer could investigate your situation, evaluate the facts against you, and determine the strongest defense for your case. By employing all available strategies, you may be able to secure a reduction in charges or even a dismissal of your case under the appropriate circumstances.
DWI Science, Testing, and Evidence
DWI cases require proof that drivers were intoxicated while operating motor vehicles. In the case of alcohol intoxication, law enforcement officers typically obtain breath, blood, or urine samples from drivers and subject them to chemical testing. If the intoxication is due to drug use, then chemical testing may also show the level of drugs in the driver’s system.
If the prosecutor is relying on scientific information to establish the required element of intoxication, various means of challenging the evidence in a Dallas DWI case may exist. For example, a skilled attorney may be able to demonstrate that law enforcement officers administered breath tests improperly due to lack of training, inexperience, a failure to adequately care for the testing devices, or sheer carelessness.
Another potential challenge to the evidence may arise when the prosecutor uses expert witnesses or specific scientific theories to establish the level of intoxication. A criminal defense attorney could attempt to refute or discredit those claims using their own experts.
Constitutional Rights and Traffic Stops
Another means of challenging the evidence involves scrutinizing the conduct of law enforcement officers in making traffic stops, conducting investigations, and arresting drivers for DWI. Individuals have constitutional rights to be free from illegal searches and seizures. As a result, law enforcement officers are not free to pull over drivers to check for intoxication at random.
Police officers must have reasonable suspicion to believe that individuals have committed traffic offenses or other violations of the law before pulling them over and temporarily detaining them. If an officer did not have a legally permissible reason to stop a motorist in the first place, any evidence they obtained may be inadmissible.
The absence of probable cause is another issue attorneys may consider in when building a DWI offense. For example, if law enforcement officers fail to administer or interpret the results of field sobriety tests accurately, they may not have probable cause for demanding that drivers take a breath or blood test to check for intoxication.
Discuss Challenging the Evidence with a Dallas DWI Attorney
Errors by law enforcement officials during DWI traffic stops and arrests can lead to a judge throwing out the evidence before trial. Additionally, improperly administered chemical tests or faulty machinery can further detract from the accuracy and reliability of the evidence supporting DWI charges. All these situations may lead to a criminal defense lawyer effectively challenging the evidence in a Dallas DWI case. To discuss your case and your legal options, reach out to an experienced attorney today.