DWI with a minor passenger is a felony-level charge in Texas. However, all hope is not lost if you are facing this charge. A dedicated Houston DWI child passenger attorney can provide you robust defense. In many cases, it is possible to avoid conviction by showing the failure of the prosecution to establish at least one element of this offense.
Reasonable Doubt
In a DWI with a child passenger case, the prosecution is required to every element of the charge. If they fail to prove it beyond a reasonable doubt, the jury will acquit you. Your Texas DWI child passenger lawyer will focus on casting reasonable doubt on the BAC test results or the evidence related to your intoxication.
Traffic Stop was Wrong
Your DWI defense lawyer can challenge the reason why a law enforcement officer stopped you or arrested you for a DWI with a child passenger offense. The police officer’s opinion may be subjective and unsupported by reason when they stopped you.
The law does not give a free rein to police officers to stop any vehicle they want. If your attorney can show that reasonable suspicion to stop your car was lacking, it may be possible to suppress evidence obtained during or after the traffic stop.
Detention was Wrong
Law enforcement officers in Texas are required to use the least intrusive methods to confirm or reject any type of evidence as soon as possible, which justifies their further continuation or end of a criminal investigation.
In many cases, the police officer may be in violation of the law if they do not efficiently investigate or provide a reasonable and clear suspicion about a crime. Your Houston DWI child passenger attorney can try to establish this basis to show your detention was against the law.
Questioning the Validity of Field Sobriety Tests
If you have agreed to perform the roadside sobriety tests at the police officer’s request, your DWI lawyer can challenge the results of these highly subjective tests. They could show that you were not a fit candidate for these tests, or that the police officer gave unclear instructions which you misunderstood. Your lawyer may cite data or present opinions of independent experts to show that these exercises and their results are unreliable in your case.
Challenging the BAC Test Findings
If at the time of your arrest, if you submitted to a blood alcohol concentration (BAC) test, an experienced Texas child passenger lawyer will focus on proving that you were not intoxicated while driving with a minor. They will make a detailed investigation to find loopholes in the legal procedure and protocols followed by law enforcement officers while collecting and testing your samples.
The sample may have been contaminated at the time of collection, the breathalyzer device may have a defect, or the test readings may be unreliable. Errors may also occur at the lab, where the workers could mix up specimens, cause contamination, or fail to adhere to protocol.
Choose the Best Houston DWI Child Passenger Attorney
A DWI with child passenger conviction can have serious legal consequences. Hire Flood & Associates, which has a top DWI defense team with an outstanding record for wins and not guilty verdicts. Speak to us at 713.224.5529 for a free case review or write to us online to request a complimentary consultation.
