Texas is among the states with the most stringent DWI laws. However, a DWI arrest does not mean the end of the road for you. As long as you have a skilled DWI lawyer in Houston on your side, you have a good chance to get your DWI case thrown out of court. Remember that the burden of proof lies on the prosecution, and a talented criminal defense lawyer may be able to challenge or expose the weaknesses in the case of the prosecution.
An experienced DWI lawyer in Houston would be well-versed with a range of potential defenses that the average individual would not even consider. For instance, your lawyer would know that the breathalyzer equipment that is used to measure your BAC level must be in proper working condition, which involves a rigorous upkeep and maintenance schedule.
Any flaws in this equipment, wrong administration of the test, or the lack of training of the person who performed the test are strong defenses that could result in the dismissal of your DWI charges. Similarly, if your civil rights were violated during the arrest or at the time of conducting the test, it could lead to the DWI case against you thrown out of court.
An experienced DWI lawyer in Houston will work to cast a shadow of reasonable doubt on the prosecution’s claims against you. Because the burden of proof is heavy in these types of cases, and lies solely on the prosecution to prove their case beyond reasonable doubt, any weaknesses in their case can be exposed by your defense attorney to have the case against you dismissed.
Legal Elements can be Hard to Prove
To get your DWI charges dropped, your DWI lawyer in Houston will do everything to make it difficult for the prosecution to prove all the legal elements against you beyond a reasonable doubt. The key elements for DWI in Texas include:
- You were operating the motor vehicle
- You were operating the vehicle in a public place
- You did not have the normal use of your mental or physical faculties or that you were a .08 BAC or higher at the time of driving.
It is the third element that becomes hard to prove against you. The law enforcement will usually rely on your BAC test results to prove that you were not in a position to safely operate the motor vehicle. But these BAC chemical test reports can be inaccurate and unreliable. These test results will be thoroughly investigated by your DWI lawyer in Houston to challenge their validity.
Other potential defenses that could help in the dismissal of DWI charges against you include:
- Your traffic stop was illegal because the police officer had no reasonable suspicion to suspect DWI
- The police officer lacked any probable cause to arrest you for DWI
- You were not informed of your rights according to the statutory guidelines
Have you been charged with a DWI offense? At Tyler Flood & Associates, our knowledgeable DWI lawyers in Houston will scrutinize the police reports, videos and/or other evidence closely, cross-examine the arresting officer vigorously, and hire outside experts where necessary in order to challenge the case against you.
Call us today at 713.224.5529 to set up a free consultation or write to us online.