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Temple Criminal Defense > Blog > DWI > Possible Defense Strategies In A Texas DWI Case

Possible Defense Strategies In A Texas DWI Case


When you have been arrested for driving while intoxicated (DWI) and you are facing charges under the Texas Penal Code, you need to seek advice from an experienced DWI defense attorney in Temple, Texas about possible defense strategies that could be applicable to your case. While it is always important to tailor your defense strategy to the particular facts of your case, there are some common defenses for DWI charges that ultimately could apply to your case. Before you raise any of these defenses, you should work with your Temple DWI lawyer to make sure that the strategy is a solid one. In the meantime, however, you can learn more about DWI defense options as you plan to beat the charges you are facing.

Chemical Test Was Defective 

The breathalyzer test may have been defective, or it may have been improperly administered by a poorly trained police officer. 

You Were Not Intoxicated 

To be convicted of a DWI, you must have been intoxicated while driving. Under Texas law, intoxication is defined as having a BAC of 0.08 or higher, or “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.” You may be able to prove, for example, that you were simply tired and appeared intoxicated. Even though drowsy driving could result in other traffic offense charges, the DWI charges could be dropped. 

You Were Not Operating a Motor Vehicle 

To be convicted of a DWI, you must have been operating a motor vehicle. You may be able to argue that you were sitting in your car but had no intention of operating it.

Police Did Not Inform You of Your Rights 

Under Miranda v. Arizona (1966), when a person is arrested or placed in a custodial interrogation, that person must be informed of their right to remain silent, their right to an attorney, and the fact that an attorney can be appointed if they cannot afford one. You may know these rights as your “Miranda rights,” based on the name of the U.S. Supreme Court case. If you were arrested for a DWI or detained without having been read your rights, the police may have committed a violation of your constitutional rights under Miranda.

Police Did Not Have Probable Cause to Arrest You

 In order to arrest a person, the police must have probable cause. You may be able to work with your lawyer to show that there was no probable cause for your arrest.

Seek Advice from a DWI Defense Attorney in Texas 

Were you arrested and charged with a DWI recently in or around Temple? An experienced Texas DWI defense lawyer at our firm can speak with you today about your case. We can learn more about the circumstances of your arrest and can begin working with you on a defense strategy. We routinely work with clients on Texas misdemeanor cases, and we know how critical it is to avoid having a DWI conviction on your record. We will do everything we can to help you beat the charges you are facing. Contact The Law Office of Katie L. Gomez, PLLC for more information.



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