Common DWI Defenses in College Station

When you are facing a DWI conviction, you need a strong defense. Without it, you could be getting a maximum penalty, including prison time. The first step after being arrested for a DWI is to contact a criminal defense attorney.

A dedicated lawyer could leverage the common DWI defenses in College Station or develop a unique strategy that suits your case. Either way, you can have a chance of avoiding a maximum fine and incarceration. Call The Greening Law Group to speak with an experienced and hardworking DWI defense attorney today.

Common Defenses in DWI Cases

Regardless of whether it is a first, second, or third-time offense, a competent College Station lawyer could take advantage of these common defenses:

Lack of Reasonable Suspicion for the Traffic Stop

Law enforcement must have a valid reason to pull a driver over, such as speeding. A lawyer could argue that the stop was unlawful without an apparent violation. Any evidence gathered from an illegal stop could be suppressed in court.

Improper Field Sobriety Tests

For field sobriety tests to be considered reliable evidence in a DWI case, law enforcement officers must follow strict guidelines when administering them. External factors, such as poor lighting or uneven road surfaces, can affect test performance. An attorney could challenge the test’s results by pointing to errors during its administration.

Inaccurate Breathalyzer or Blood Test Results

A faulty or uncalibrated breathalyzer can produce inaccurate readings, which cannot be used as evidence. Meanwhile, improper handling of blood samples may lead to contamination or errors. It may also be possible to argue that the blood alcohol level was within limits at the time of the stop but rose by the time of testing.

Violation of Miranda Rights

If an officer fails to read you your Miranda warning, any statements made after the arrest may be inadmissible. This is one of the most common DWI defenses in College Station and can lead to charge dismissal.

Medical Conditions

Certain medical conditions and external factors can mimic signs of intoxication. For example, acid reflux, diabetes, and ketosis can affect breath test results. Meanwhile, fatigue or neurological conditions can resemble signs of impairment. A lawyer could provide evidence that supports the reason behind a false positive result.

Reducing Penalties for DWI

Depending on the previous DWI history, the penalties can range from a fine of up to $2,000 and up to 180 days in jail (three of which are mandatory) to a fine of up to $10,000 and up to 10 years in prison.

A College Station attorney would have to collect multiple pieces of evidence to reduce a penalty or drop the charges. With this proof and witness testimony, they could build an effective DWI defense. Whether common or unique, such defenses can prevent life-changing consequences.

Talk to a College Station Lawyer About the Common DWI Defenses

Penalties for DWI in Texas can be severe. Without proper legal assistance, making a mistake that leads to years in prison is easy. A skilled criminal defense attorney who knows the common DWI defenses in College Station could help you avoid unfair punishment.

At The Greening Law Group, we work hard to help you achieve the desired results in a DWI case. Get in touch with our law office to schedule an initial consultation today.