Can You Get a Not-Guilty Verdict in a Texas DWI Case? 

 Posted on January 09, 2025 in DWI

The plain truth is that most people drink and that many of these people make the decision to get behind the wheel of a car after they have drunk too much to safely drive. But getting pulled over and charged with driving while intoxicated (DWI) does not make someone a bad person; it just means they have made a mistake. 

Unfortunately, zealous prosecutors will aggressively go after good people for DWIs when it does not necessarily make sense or when there are better options available. Regardless of the circumstances, the outcome of a DWI case is never set in stone. If you are worried you may be facing a felony, jail time, or a ruined reputation because of a DWI, do not despair. Call our Texas DWI defense attorneys and let us help you. 

The Basics of Texas DWIs

In Texas, you can be charged with DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher or if you are found to be impaired by alcohol or drugs while operating a vehicle. Prosecutors must prove their case beyond a reasonable doubt, which means they must have very strong evidence to convict you. Common evidence used in DWI cases includes:

• Results from breath, blood, or urine tests

• Field sobriety test results

• Police observations, such as erratic driving or slurred speech

• Body camera footage

However, this evidence is not always reliable. A skilled attorney can challenge the prosecution’s case by identifying weaknesses, errors, or violations of your rights.

Strategies for Getting a Not-Guilty Verdict in a DWI Case

How you approach your DWI case will depend on the details and the charges you are facing. In some cases, the best route to take will be to admit guilt in exchange for a far lesser penalty and impact on your criminal record.

However, a not-guilty verdict is possible in some DWI cases. It requires a thorough and strategic defense from an attorney who knows what to look for and how to make a solid argument in court. Here are some key approaches that a defense attorney might use:

Questioning the Traffic Stop

The police must have a valid reason to pull you over, such as running a stop sign, swerving, or something else that gives them reasonable suspicion that you are driving impaired. If your attorney can show that the stop was not legal, any evidence gathered afterward may not be allowed in court.

Questioning Field Sobriety Tests

Field sobriety tests, like the walk-and-turn or one-leg stand, are not reliable and prone to error. Factors such as uneven surfaces, poor lighting, medical conditions, or even nervousness can affect how well you do. Your attorney can argue that these tests are not reliable indicators of impairment.

Questioning Chemical Test Results

Breath and blood tests are not foolproof. Calibration errors, improper handling of samples, or issues with testing equipment can lead to inaccurate results. Additionally, medical conditions or certain substances can cause false positives. 

Showing a Lack of Evidence

If the prosecution’s case relies on subjective observations, such as an officer’s claim that you smelled like alcohol or that your car smelled like weed, your attorney can argue that such evidence is simply not enough to prove impairment beyond a reasonable doubt.

Protecting Your Constitutional Rights

Violations of your rights, such as an unlawful search or failure to read your Miranda rights, can result in evidence being excluded. This can weaken the prosecution’s case significantly.

Call a Prosper, TX DWI Defense Lawyer

Being investigated or charged does not guarantee a guilty verdict or even that a plea deal will be necessary. If you are facing serious charges of driving while intoxicated, you should meet with the Fairview, TX DWI defense attorneys with Law Offices of Biederman & Burleson P.L.L.C. before giving up hope. We offer free consultations so we can get the details of your case. Find out how we have helped more than 450 clients get not-guilty verdicts and then call 469-333-3333 to schedule a free consultation.