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When Are You “Guilty” of DWI?


All of us, at one time or another, have probably received a parking ticket.
We’re out on errands, dining with friends, and return to our car and find a citation. It’s frustrating because we realize you should have seen the sign and avoided parking there in the first place—but also defeating, because how can we contest the citation? Our car is physically, indisputably right there where it shouldn’t be. If it hadn’t been, you wouldn’t be holding a parking ticket.

This is the attitude that, unfortunately, a lot of DWI suspects bring to their criminal case following their arrest, as well. In place of a parking citation, however, the chemical blood alcohol concentration (BAC) test serves as the defendant’s “proof” that they were over the legal limit, are guilty of a crime, and should move to accept their punishment as swiftly as possible. This attitude, however, is a common and costly misconception.

You Are Only Suspected of DWI

The critical thing to remember in DWI cases is that only a Texas court can deem you guilty of breaking the law. That means, in every stage of your case until the gavel falls,
you are only suspected of DWI. Your chemical test, whether it be a blood, breath, or urine test, should not decide whether or not you choose to fight your charges.

The truth of the matter is that chemical tests (and the professionals that handle them) are not 100% accurate—nor are the legal protocols necessary for a sound arrest always 100% followed. It takes a critical legal eye to review your arrest and determine whether or not there are shortcomings in your case that can be exposed in the interest of securing a reduction or dismissal.

At
Tyler Flood & Associates, our dedicated and industry recognized team is ready to make that kind of assessment of your case. Our Houston DWI defense attorneys are well-versed in the mistakes and pitfalls inherent to this branch of criminal justice and how to make sure our clients receive every legal consideration they deserve.

You’re not guilty unless the judge or jury says so.
Contact our firm today to start exploring your legal options.

Tyler Flood
By: Tyler Flood
Dec. 22 2016
Posted in DWI

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