Texas DWI Defense
If you are dealing with a DWI charge in Texas, you need to contact a Texas DWI defense attorney right now. An experienced Texas DWI defense attorney can help you in several ways. An attorney may be able to provide evidence to support your defense and may potentially find issues with the prosecution evidence. A DWI defense attorney will determine if a professional testimony may help your case. Ultimately, having a skilled DWI defense attorney on your side may result in a reduced sentence, reduced penalties, or possibly even a dismissed charge.
Texas DWI Defense: What are the Legal and Illegal Traffic Stop Procedures?
Law enforcement officers are required to adhere to specific procedures and protocols during traffic stops, arrests, bookings, and testing. If law enforcement fails to comply with the specified policies, or if any part of the process was faulty, then a Texas DWI defense attorney may draw attention to the error, which will help weaken the case against you. So how do you know if your encounter with law enforcement followed standard procedures or not?
An Improper Stop
A police officer must have a valid reason for initiating the traffic stop. If law enforcement did not have probable cause or did not follow proper procedures, an attorney may have the charges dismissed or have specific evidence suppressed. Did police officers follow guidelines for the field sobriety test? Were there any conditions that may impact the field sobriety test’s validity, such as adverse weather or underlying medical condition?
Law enforcement officers are required to read you the Miranda Warning, which explains your rights before they begin interrogating you. Failure to read the Miranda Warning may result in the suppression of your interrogation responses. All police reports should be detailed and accurate. Law enforcement officers are required to collect and store all evidence appropriately; a failure to appropriately collect and store evidence may result in evidence suppression. Eyewitnesses may also be able to testify regarding law enforcement tactics and your presentation and demeanor. Suppose law enforcement officers state that you were intoxicated, yet eyewitnesses state that you were not drunk or impaired. In that case, a Texas DWI defense attorney may be able to question the validity of the officer’s statement.
Breath Test Calibration Errors
Breathalyzers are helpful, but they are not foolproof. Precision in calibration is necessary to produce reliable breathalyzer results. Failure to calibrate the breathalyzer may result in incorrect readings.
Breath and Urine Test Errors
While breathalyzers and urine tests are beneficial tools that can help determine if a person is intoxicated or not, they are not always accurate. If you wear dentures, braces, or implants, there may have been residual alcohol caught in the dental device when the police officer administered the breathalyzer. It’s also possible that an underlying medical condition, such as acid reflux, may have caused an inappropriately elevated BAC level.
A skilled Texas DWI defense attorney will investigate all evidence to determine if any errors may affect the case. Improper collection, testing, or blood or urine storage may result in erroneous test results that could be ruled invalid if the mistake is discovered.
The window of Opportunity to Schedule a Hearing
Shortly after you are arrested, there will be an arraignment. You may plead guilty or not guilty; the judge will specify any restrictions and set the court date. Your Texas DWI defense attorney will be able to provide you legal counsel and guidance. Your attorney may recommend you plead guilty to a lesser crime to have the DWI charge dismissed. During a preliminary hearing, the judge will decide if the case should go to trial. There must be enough evidence available for a judge to rule in favor of a hearing. At this point in the process, you should have a skilled Texas DWI defense attorney on your side.
There is a window of opportunity during the pre-trial motions. Your DWI defense attorney will thoroughly examine every detail of your case. The defense attorney may file a motion to have evidence withheld if an error is identified or if there is a reason to question any part of the case. The DWI attorney will determine if expert testimony or witnesses are beneficial or detrimental to the case. If a plea bargain is accepted, you will receive your sentence, and the court case will draw to a close. However, if a plea bargain is not established, then the next step will be trial. The DWI defense attorney will present evidence, arguments, and deliberation to show the jury and judge any reason that may weaken the case against you and support your defense. At the end of the trial, you will be sentenced.
DWI is a serious offense. However, having an experienced Texas DWI defense attorney on your side can be the difference between your freedom and time behind bars. It’s possible to get a DWI case dismissed or have the charges reduced to something less severe.
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Stephen is Great, Great , Lawyer!! He give you weekly updates on not just your case but also on what’s going on with his firm as well!!! Stephen is also very communicative and very understanding on any situation!! I would hands down Refer Stephen to anyone with any situation!!! Great job Stephen words can’t describe what you have done for me!!!!