When someone gets injured in a drunk driving accident, a more serious charge of DWI intoxication assault Texas will occur. While the legal consequences for this offense can be much more severe than just DWI, you have hope as long as you have a competent DWI intoxication Houston attorney on your side.
A skilled lawyer will be able to use a number of defenses to avoid the charge of intoxication assault. It’s vital to remember that the burden of proving the charge lies solely on the prosecution. Established DWI defense lawyers know that their goal is only to cast reasonable doubt on the prosecution’s claims so that you can obtain a not guilty verdict.
A multi-layered and thorough defense to avoid DWI intoxication assault Texas charge may include one or more of the following strategies:
Challenging the Constitutionality
Your DWI attorney will critically examine all the facts and the evidence related to your cases to see whether any constitutional provisions have been violated. The constitution provides you certain protections and rights even when you are arrested, and law enforcement has a duty to uphold them.
If the evidence against you is obtained through misconduct on part of the police officer, your DWI intoxication Houston attorney can get the evidence excluded from your trial. For instance, if your Miranda Rights were not read properly to you, it will be a constitutional violation.
Challenging the BAC Results
In a case of DWI intoxication assault Texas, one of the most important potential defense strategies can be to show that you were not drunk at the time the accident occurred. Your attorney may have the in-house expertise or may employ outside professionals to determine whether the test results are flawed.
The flaw could be related to the procedure of testing, defects in the testing device, or incorrect reading or recording of the results. A thorough and determined investigation of all the facts may lead to information that puts a serious question mark over the reliability of the BAC test results.
Who Caused the Accident?
One of the critical elements the prosecution will have to prove in an intoxication assault charge is that you caused the accident while driving drunk and the accident resulted in injuries to the victim. Your DWI defense attorney will extensively investigate the scene of the accident, the surroundings, any video recordings, forensic evidence, or eyewitness accounts to reconstruct how the accident occurred.
The accident may have occurred because of bad road conditions, vehicle defects, or the fault of the injured victim. If the other party was speeding, jumped a red light, or committed another traffic violation which resulted in the crash and their injuries, you could avoid the charge of intoxication assault. The legal strategy that your defense lawyer will build in this situation can expose the holes in the state’s arguments and you could win the case.
Legal Help from a DWI Intoxication Houston Lawyer
In intoxication assault cases, the skill and experience of your DWI attorney will make all the difference to your defense. The legal team at Flood & Associates has an extraordinary track record of wins and not guilty verdicts in various DWI and other criminal cases. Talk to us at 713.224.5529 or contact us online to set up a free consultation with our lawyers.
