Houston Criminal Law Blog

EXPERIENCED. AGGRESSIVE. HOUSTON CRIMINAL DEFENSE LAW FIRM: The Law Office of Matthew D. Sharp

DWI Defenses to Avoid Doing Jail Time

Those facing DWI charges are at risk of losing far more than just their driver’s license since being unable to legally operate a motor vehicle affects almost every aspect of how a person carries out their day-to-day life. DWI charges may seem like a daunting obstacle for drivers to overcome, but there are a number of ways drivers can prove their innocence regardless of the circumstances that resulted in them being charged.

DWI Defenses

The tough stance that the Texas has against drunk driving means police officers are trained to identify even the smallest indication that a driver is intoxicated. While this training often serves officers well, mistakes can occur and drivers should be aware of their rights.

  • Vehicle Operation – Most laws state that a driver must actually be operating a vehicle in order to be charged with DWI. Assuming an intoxicated person sitting in a parked car is going to drive the vehicle is often not enough to warrant an arrest, and this defense often leads to charges being dismissed.
  • Mistaken Behavior – Every person moves and acts in a distinct way, and this means actions confused as those displayed by an intoxicated person may lead to a false arrest. This defense works best when no other forms of testing such as a Breathalyzer, which can confirm a driver’s blood alcohol content.
  • No Alternative – There are some instances where a person must drive a vehicle regardless of whether they are intoxicated or not. In order for this type of defense to be valid, the danger the driver faces must be worse than the damage they may cause while driving while intoxicated.

Improper Police Action

When a person is arrested for DWI there are certain procedures that police officers must follow for the charge to be considered valid. These mistakes must be the result of an error on the part of the arresting officer.  Some of these mistakes include:

  • Miranda warnings were not read to the individual being arrested
  • The arresting officer violating the driver’s civil rights while obtaining proof of the DWI
  • The officer administering the field sobriety test not being qualified to do so
  • The officer having no valid reason for pulling the driver over in the first place

Examining Every Detail

There are a large number of procedures that officers must follow before a person can be arrested for DWI, and this means there are multiple defenses that drivers can pursue. Working with an attorney and obtaining all the facts about a case is the best way for drivers to learn their rights and successfully defend themselves in the courtroom.

Getting Legal Help

DWI charges are difficult to fight without the help of a qualified criminal defense attorney who understands the U.S. legal system. Allow Matthew Sharp to review your case today. Just call 713-868-6100.

*Image courtesy of freedigitalphotos.net

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