You’ve been arrested, served with a notice of suspension, and charged with a DWI. You know that the consequences of a DWI conviction can have a devastating impact on your life, and you’ve made the right decision to fight against the charge. But how do you beat a DWI in Texas?
The good news is that it is entirely possible to win a DWI case. At Michael & Associates, we have several decades’ worth of experience in fighting and beating DWIs. In this article, we’ll cover the main aspects of fighting both an ALR hearing, and a criminal trial, but if you’d rather talk to us in person about your DWI case, go ahead and book your free case review now.
How to Beat an ALR Hearing in Texas
Before you fight your DWI, you likely need to fight an Administrative License Revocation (ALR).
If you are arrested for driving while intoxicated and either fail or refuse to take a blood or breath test, you will be subject to the ALR program.
ALR hearings are entirely separate from the criminal trial for a DWI—the focus is not to determine your guilt, but rather for the Department of Public Safety to present evidence as to why your license should be suspended.
It can take up to 120 days for a hearing to be arranged, however, an ALR hearing is not automatically scheduled. If you’ve been served a notice of suspension for your driver’s license, you have just 15 days to request an ALR hearing.
The ALR hearing is your only opportunity to contest the decision to have your license suspended. It is also a good opportunity to learn more about the strength of the state’s evidence against you, and for your defense lawyer to gather evidence and testimonies that can be used later in your criminal trial.
If you’re serious about winning an ALR hearing, you need to seek legal representation from a skilled criminal defense lawyer with experience in DWI cases. A DWI attorney will know the ALR process inside-out, and they can use several strategies to protect your driving privileges. For example, they may cross-examine the arresting officer to determine whether they had reasonable suspicion for pulling you over, and therefore whether your arrest was lawful. At Michael & Associates, we provide free ALR filing and representation with all DWI cases.
How to Beat DWI Charges in Texas
The most important step you need to take to boost your chances of a successful fight is to hire an experienced lawyer. Your attorney will be able to scrutinize all the evidence that the state is using against you and challenge them in a strategic way. Below are some examples of strategies that your defense lawyer may use to beat a DWI.
In Texas, it is a violation of your constitutional rights for a police officer to pull you over without reasonable suspicion that a crime has been committed. Suspicious behavior includes erratic driving, swerving in and out of lanes, or driving too slow, as well as countless other driving violations. Playing loud music late at night, however, would not count as reasonable suspicion in a DWI case.
Even if a police officer has reasonable suspicion to stop you, it does not automatically give them the right to arrest you. For a lawful arrest to take place, the police must have probable cause. The smell of alcohol on your breath along with slurred speech, failing field sobriety tests, and a failed breathalyzer test are all examples of probable cause in DWI arrests. If you believe you have been arrested without probable cause, your lawyer will be able to investigate this slip-up by the law enforcement officer and potentially use it as a defense against your DWI charges.
Field Sobriety Tests
Results from field sobriety tests can be challenged. These tests are not based on scientific evidence, rather they are subjective. Additionally, some medical conditions, such as those that affect a person’s balance, can contribute to failing field sobriety tests.
Field sobriety tests must be carried out in a certain way to be considered accurate. Your lawyer can review camera footage to determine whether the tests were carried out according to the correct procedure.
Breathalyzer test results are not always accurate. Administering a breathalyzer test incorrectly can result in false positives, as can certain foods on your breath, some prescription medication, and sometimes even mouthwash. Breathalyzer machines must be calibrated regularly to give accurate results. With the backing of an experienced DWI lawyer, the reliability of your breathalyzer BAC results can be challenged and used to cast doubt on the state’s case against you.
A skilled DWI lawyer will comb through the police report to search for vital details, establishing whether the arresting police officer had reasonable suspicion for the traffic stop and probable cause for arresting you. If either does not exist, your lawyer could fight to have the case dismissed.
Other inconsistencies in the police report can be scrutinized and used as part of an experienced lawyer’s strategy to beat your DWI case.
The Best Strategy for Beating a DWI Case in Texas
If you, or a loved one, have been charged with DWI, the most vital step you can take is to contact an experienced DWI attorney today. When it comes to preparing for a DWI case, every minute counts, so don’t waste time!
Not all DWI lawyers are the same, however. DWI cases are expensive, but an inexperienced lawyer can end up costing you more in the long run—aside from the penalties associated with a DWI conviction, such as jail time and hefty fines, there’s also the negative implications of a permanent criminal record.
At Michael & Associates, we have over 50 years of experience in fighting and beating DWIs. We’re passionate about protecting our client’s rights and privileges, and we have a proven track record of success in DWI cases. Get your free case review from Michael & Associates today!