10 Ways to Beat a DWI Charge in Texas

Aggressive DWI Defense Lawyer in Fort Worth

Getting arrested and charged with driving while intoxicated can be a panic-inducing experience, whether it is your first offense or not. However, there are many strategies that a skilled attorney can implement to protect your rights and potentially weaken the prosecution's case. To make sure you are fairly represented, consider reaching out to a Fort Worth, TX DWI defense lawyer.

At The Meza Law Firm, PLLC, we combine our vast legal knowledge with practical insights gained from defending numerous clients in criminal defense cases. As a solo practitioner with over a decade of experience, Attorney Edwardo Meza can confidently defend clients accused of driving while intoxicated.

10 Ways to Fight a DWI in Texas

No Actual Intoxication

To secure a conviction for DWI in Texas, the prosecutor must prove that the driver had a BAC of at least .08 percent or lacked the normal use of their physical or mental faculties. If there is not evidence to meet either of these definitions beyond a reasonable doubt, it could lead to a dismissal of charges.

Challenging the Police Officer's Observations

DWI arrests often rely heavily on an officer's subjective observations, such as bloodshot eyes, slurred speech, or an odor of alcohol. These signs are not definitive proof of intoxication. Allergies, medical conditions, speech impediments, or even nervousness can explain these observations and weaken the prosecution's case.

Questioning the Basis of the Traffic Stop

Police must have a lawful reason to stop a vehicle. If the stop was based on a vague suspicion or an incorrect assumption, any evidence gathered afterward may be challenged. An unlawful stop can significantly impact whether evidence is admissible in court.

The Rising BAC Defense

Alcohol absorption does not occur instantly. A driver's blood alcohol concentration can continue rising after a traffic stop. This defense argues that the driver was below the legal limit while driving and only registered a higher reading later during testing.

Medical Explanations for DWI Allegations

Certain medical conditions can mimic signs of intoxication or interfere with breath or blood testing. Acid reflux, diabetes, neurological disorders, or prescription medications can all create misleading results or physical symptoms that appear alcohol-related.

Questioning Accuracy of Field Sobriety Tests

Field sobriety tests are not scientific measurements. They rely on coordination, balance, and understanding instructions. Weather conditions, uneven pavement, improper footwear, or prior injuries can affect performance and undermine their reliability.

Reviewing Blood/Breath Tests

Chemical tests are only as reliable as the equipment and procedures used. Machines must be properly calibrated, and samples must be handled correctly. Errors in testing protocols can lead to inaccurate results that should not be trusted.

Citing Mishandled Evidence

Blood samples and other evidence must be properly stored, labeled, and documented. Breaks in the chain of custody or improper storage can compromise evidence integrity and make results unreliable.

Improper Administration of Field Sobriety Tests

Standardized field sobriety tests must be administered according to strict guidelines. If an officer deviates from proper procedures, the results may be challenged as invalid or misleading.

Failure to Establish Probable Cause

Before making a DWI arrest, an officer must have sufficient probable cause to believe that the driver was intoxicated. This goes beyond a traffic violation or vague suspicion. If the arrest was made before enough reliable evidence was gathered, such as without valid test results or credible indicators of impairment, the arrest itself may be challenged. When probable cause is lacking, evidence obtained after the arrest, including breath or blood test results, may be subject to suppression.

Contact a Fort Worth, TX DWI Defense Attorney

If you are facing a DWI charge, legal representation can make a meaningful difference in how your case unfolds. At The Meza Law Firm, PLLC, we will carefully examine every aspect of the arrest and evidence to identify weaknesses in the prosecution's case. Contact our Fort Worth, TX DWI defense attorney or call 817-732-6392 for a free consultation.