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Temple Criminal Defense > Blog > DWI > How Can I Beat The DWI Charges I Am Facing?

How Can I Beat The DWI Charges I Am Facing?


Anyone who is facing charges for driving while intoxicated (DWI) should know that they could be facing serious consequences if they are convicted. As such, it is critical to start thinking immediately about defense strategies that you may be able to use to beat the charges you are facing. You should get in touch with an experienced Temple DWI defense lawyer as soon as possible to start strategizing about your defense, recognizing that the best defenses will focus on the specific circumstances of your arrest and your case more generally. Sometimes defense strategies may be based on the elements of the offense. For example, you may be able to show that you did not actually have a blood alcohol concentration (BAC) above the legal limit under the Texas Penal Code. In other circumstances, the best defense strategy may involve proof of a violation of your rights under the law.

The following are some of the potential defense strategies that may be relevant to you. Before you begin developing one of these strategies for your case, it is important to seek advice from a defense attorney who can help.

Your Rights Were Violated 

Depending on the circumstances of your case, you could have a complete defense if your rights were violated at the time of your arrest. For example, if you were not read your Miranda rights prior to the arrest, or if the police did not have reasonable suspicion to stop your car or probable cause to make an arrest, that violation of your rights could result in the charges against you being dropped. However, it is important to know that a violation of your rights might not prevent the prosecution from using other evidence against you, so you should seek advice from a lawyer quickly.

No Proof You Had a BAC of 0.08

 If your DWI arrest was based on a chemical test that showed you had a BAC of 0.08 or more, you may be able to prove that there was an issue with the chemical test, and it was actually incorrect or unreliable. For example, you might be able to show that there was a defect or problem with the chemical test itself. Or you may be able to prove that the law enforcement official who administered the chemical test or breathalyzer was not properly trained to do so. If there is no reliable proof that you had a BAC of 0.08 or more and that was the basis of your arrest, it may be possible to get the charges dropped.

No Operation of a Motor Vehicle

 The Texas Penal Code requires that a person be operating a motor vehicle while intoxicated in order to face charges for a DWI. In some circumstances, you might be able to show that you were not operating a motor vehicle prior to or at the time of your arrest.

No Evidence of Intoxication

Keep in mind that you can face DWI charges without a chemical test. Indeed, law enforcement officials can make an arrest if you did “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” according to the Texas Penal Code. Accordingly, you will need to work with an attorney to determine whether you will also need evidence that you were not intoxicated based on the language of the statute. For example, you might have proof that you appeared intoxicated because you were attempting to input data into your phone’s GPS. While this proof might still result in certain traffic charges, you may be able to prove that you did not meet the definition of “intoxicated.”

Contact a Temple DWI Defense Attorney Today 

One of the experienced Temple DWI defense lawyers at The Law Office of Katie L. Gomez, PLLC can begin working with you today on your defense.




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