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Using common defenses for a DWI charge

On Behalf of | Jan 31, 2022 | DWI

Have you been charged for drunk driving in Texas? Facing the court system will require you to defend yourself. If you’re in this position, it may be possible to use a defense that attacks the officer’s observations of what happened to warrant the arrest. Here are some common drunk driving defenses.

Potential defenses

  • Field sobriety test accuracy and administration – If a field sobriety test is administered improperly, it may give inaccurate results. Using this defense in court may work to rule the arrest improper due to these results. Challenging the test that detects eye movements and intoxication is often used as a defense.
  • Making an improper stop – Another common defense used against a DWI charge is claiming that the officer made an improper stop. If it can be proved that the officer didn’t have probable cause to stop you, you may want to use it as a defense.
  • Standard and portable Breathalyzer test accuracy and administration – Challenging the administration of a standard or portable Breathalyzer test used at the scene may also be beneficial. Questioning if the officer was properly trained or if other factors were involved, such as indigestion or vomiting, might be used in your favor.
  • Blood test chain of custody – Raising questions about administering any blood tests is also common. The arguments in this situation include not knowing if the blood test was mishandled or tampered with during the chain of custody.

Uncommon defenses that might be used against a DWI charge

Less common defenses may also be used if you are charged with a DWI. One example is to prove that the arresting officer’s actions violated the law. These might be related to faking a DWI report or violating your civil rights.

Examining the circumstances and choosing the appropriate defense is important when you’ve been charged with DWI. You might be able to get the charges dropped if you have a valid defense.