There are a number of different defenses to a DWI in Texas. Continue reading to learn more and reach out to our firm today to speak with a skilled McAllen, Texas DWI lawyer. Our legal team is on your side.
What are Texas’ DWI laws?
According to Texas Penal Code § 49.04, an individual can be charged with a DWI offense if he or she is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) defines intoxicated as:
- not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
- having an alcohol concentration of 0.08 or more.
When it comes to DWI arrests in Texas, they usually involve alcohol concentrations collected from breath samples received during roadside tests or tests performed at police stations. A violation of the alcohol concentration limit definition of intoxicated is considered as evidence of an alcohol concentration of 0.08% or higher, however, a person can be arrested based on the other definition of intoxicated that concerned more subjective views of arresting officers or the potential involvement of controlled substances.
What are common DWI defenses in Texas?
- An Improper Stop: In the event that law enforcement did not have probable cause or did not follow proper procedures, a lawyer can attempt to have the charges dismissed or have specific evidence concealed.
- Police Officer Fails to Follow Guidelines: It is critical to note that law enforcement officers are required to read you the Miranda Warning, which describes your rights before they start interrogating you. Failure to read the Miranda Warning can be a proper defense for a DWI charge. All police reports should be clear and accurate. Law enforcement officers are instructed to obtain and store all evidence properly; a failure to appropriately collect and store evidence may end up in evidence suppression.
- Breath Test Calibration Errors: Breathalyzers are useful, however, they are not foolproof. Accuracy in calibration is required to have reliable breathalyzer results. Failure to calibrate the breathalyzer may result in inaccurate readings.
Do not wait to reach out to our firm today to learn more about possible DWI defenses in Texas. A skilled Hidalgo County, Texas criminal defense lawyer can help.
Contact Our Hidalgo County, Texas Firm
With collective decades of experience, the experienced attorneys at the Law Office of Angel Davila are committed to helping protect you from the penalties associated with a criminal conviction by defending you against charges of everything from DWI to Murder, and everything in between. We also help people through various family law and estate planning matters. Our firm proudly serves clients in Hidalgo County and throughout the state of Texas. For quality legal defense when you need it most, contact the Law Office of Angel Davila today.