4 Defense Strategies for Texas DWI Cases

 Posted on December 20, 2019 in DWI

If you were pulled over for drunk driving, a lot of questions may go through your head. What if I go to jail? What if they take away my license? How am I going to find the right lawyer? Is my life ruined and over as I know it? Although these worries may seem legitimate, the truth is that the majority of them are driven by anxiety, not truth. With the proper attorney representing you, you may walk out with a “not guilty” verdict. While there are plenty of ways to win your DWI case, including the employment of a wide variety of defense strategies, there are a few basic principles that are commonly used when developing a legal plan for DWI defense. 

Elements of a Winning DWI Defense

There are numerous ways that a lawyer can successfully defend you in a DWI case. If your lawyer makes the right argument and provides convincing evidence from the start, the case could be settled or dismissed. In fact, very few DWI cases actually go to trial. In the instance that your case does take place in the courtroom, here are a few things that your lawyer should be doing on your behalf:

1. Establishing — and Reiterating — “Innocent Until Proven Guilty”: The jury must know that this is not an open-and-shut case against you — DWI cases are rarely that simple. There are many ways that information gathered by the government in its prosecution could be disproven. Additionally, there could be new findings and discovered evidence throughout the trial that might weaken the prosecution’s argument and work in your favor.
2. Exposing the Government’s Mistakes: As previously stated, the government is not infallible in their collection of evidence, their treatment of the accused, or even their approach to the trial. There are countless ways that the seeds of doubt can be planted in the jury’s mind about the strength of the argument against you. Your attorney should take all means necessary to weaken these preconceived notions and prove any wrongdoing by the government throughout your trial.
3. Raising Concerns About the Validity of BAC and Sobriety Tests: Contrary to popular belief, these types of tests are not that accurate. There are various factors that could affect the test results, thus invalidating them. Alcohol content in food can cause inaccurate readings with a breathalyzer, and anxiety can influence one’s ability to adequately complete a “walk-and-turn” test. Your attorney should highlight these testing inconsistencies to use as a defense tactic for your case.
4. Jury Selection: Choosing the right jury can make or break a criminal case — and this is usually even more true with DWI cases. The insurmountable bias that surrounds those accused of DWI can cause the jury to make a decision before they step foot in the courtroom. People presume guilt, especially when tests have allegedly proven drunkenness or when safety issues might have revealed supposed recklessness. However, the right lawyer will be able to convince the jury that their presumptions of guilt are in opposition to their legal duties as jurors and that official alcohol and sobriety tests lack the definitive validity that they assume to be true. Finding a jury that is most devoted to the legal process itself and not their preconceived notions regarding DWI cases and those accused of DWI is critical to the success of your case.

Contact a Collin County DWI Lawyer

Being accused of a crime does not mean you are guilty. An experienced DWI defense attorney can prove your lack of guilt and reveal the impropriety within the system. At the Law Offices of Biederman & Burleson P.L.L.C., our lawyers are well-versed in DWI defense strategies, and we can provide you with the proper defense that you deserve. Contact our Plano DWI defense attorneys at 469-333-3333 for a complimentary consultation. We want to inform you of what you are up against and help you achieve the results and resolution you seek.

Sources:

https://www.jameseducationcenter.com/articles/drunk-driving-lesson-1/

https://www.tdcaa.com/resources/dwi/jessica-fraziers-dwi-case-law/

https://jamespublishing.com/product/texas-dwi-manual/

https://www.alcoholproblemsandsolutions.org/avoid-a-dwi-in-texas-5-things-need-know-dwi/