Is it Possible to Defend Against My DWI Charge?

If you receive a DWI charge, you have a lot on the line. Not only may you be facing jail time, fines, and license suspension, but you may also receive a permanent criminal record. You do not want to carry this conviction with you for the rest of your life, which is why you should attempt to use every conceivable defense to fight it off. Read on to discover how you can possibly defend against your DWI charge and how a seasoned McAllen, Texas DWI lawyer at the Law Office of Angel Davila can navigate you through your legal situation.

How can I possibly defend against the field sobriety tests associated with my DWI charge?

Field sobriety tests are used to determine a driver’s level of intoxication when they are pulled over on suspicion of driving under the influence of drugs or alcohol. The odds are that you likely participated in one or more of the following tests:

  • The Horizontal Gaze Nystagmus test.
  • The One Leg Stand Balance test.
  • The Walk and Turn test.
  • The Head Tilt test.
  • The Finger to Nose test.
  • The Reciting the ABCs test.
  • The Counting test.

That said, the law enforcement officer who pulled you over must have abided by a certain procedure when asking you to take these tests. Otherwise, you can argue to the Texas court that your tests were illegally conducted, which caused you to unfairly fail. Examples of ways in which the officer could have illegally conducted these tests read as follows:

  • They did not explain all the instructions for the test.
  • They did not demonstrate the test to you.
  • They did not suggest that you remove your high heels.
  • They ignored the health issues that could have impacted the test.

How else can I possibly defend against my DWI charge?

If the officer did not adhere to certain traffic stops, you can argue that they conducted an illegal stop. And if you can prove this, the Texas court may reduce or altogether dismiss the DUI charges placed against you.

Additionally, you can defend that your health issues were not factored into the officer’s decision of charging you with a DWI. For instance, if you take a certain medication that makes it difficult or impossible to establish your blood alcohol content, you could have been falsely accused of driving while intoxicated.

And lastly, if there is compromising footage of your traffic stop, this may make the Texas courts reduce or altogether dismiss your DWI charge. A competent Hidalgo County, Texas criminal defense lawyer can work on your behalf to retain this footage, along with any other required evidence for your case. With all things put into consideration, you should contact our firm today.

Contact Our Hidalgo County, Texas Firm

For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.