Texas is one of the harshest states on DWI charges. Luckily, just because you’re facing DWI charges does not necessarily mean you will face conviction. If you hire an experienced attorney to build a winning defense, it is possible to have your charges reduced, or even dismissed, by using these best defenses for DWI. Here are some cases when you may be able to avoid conviction despite receiving a DWI. You can fight your criminal charges because law enforcement did something wrong.
The Police Stopped You for Improper Reasons
If you provided the police no reason to have “reasonable suspicion” under the US constitution’s specifications, then you can argue that the stop was improper. If you can prove that the officer did not have reasonable cause, then any evidence they collected would be inadmissible. It would be impossible for them to present the results of your chemical or field sobriety test to the court.
Not Following Proper Field Sobriety Protocol
Police must follow specific procedures when conducting a field sobriety test. If officers didn’t follow them, any evidence that they have related to the sobriety test would be inadmissible in court. Anything from lack of respect while conducting the field test to requiring someone to wear unreasonable shoes could provide grounds for throwing out evidence.
Predisposing Medical Conditions
If you have a medical condition that gave law enforcement reason to suspect you are intoxicated, that could be one of the best defenses for DWI. Many conditions can put you conviction into question. These include neurological issues, sinus problems, slurred speech, or even having Ketosis as a diabetic side effect. Therefore, it is possible for Ketosis to cause a positive reading on a breathalyzer even if you haven’t been drinking.
Improperly Storing or Testing Blood Samples
Law enforcement must conduct, analyze, and collect blood samples in a specific way. There could be several reasons to challenge the admissibility of your laboratory results. These may include unreasonable wait times or the police station not using an accredited laboratory. Also, the laboratory must store and maintain the blood samples, even after the test is over. The laboratory may also have labeled samples incorrectly, stored them improperly, or contaminated them. Those cases can also provide one of the best defenses for DWI dismissal.
If you are facing DWI charges, don’t just assume that you are going to be found guilty. In many cases, an experienced DWI attorney knows how to fight your charges to possibly prevent a conviction. To ensure that you protect yourself and create a winning defense, therefore, it is imperative that you contact the team of attorneys at Stephen T. Bowling, Austin DWI Attorneys today.
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