In 2021, there were 89,457 reported DWI charges investigated against Texas drivers. Of these, only 1,824 were resolved by was of a dismissal or declination by the prosecutor to file any charges. With over 12,000 cases being resolved by a plea during that year, only 564 defendants entered a plea of not guilty and challenged their charges. Ove 11,800 pled guilty, likely pursuant to a plea agreement with the prosecution.
Driving while intoxicated charges should be taken seriously as they can have consequences that go beyond incarceration or fines. Yet officers and prosecutors alike would prefer you believe the charges against you are indefensible. In truth, you may have one or more valid defenses that should be explored before you decide how to handle your charges.
Common Defenses to DUI Charges
Take your next DWI charge to an experienced Texas DWI defense lawyer for evaluation. You may discover one or more of the following defenses can lead to a reduction or dismissal of your charges:
The Officer’s Stop of Your Vehicle was Illegal
Officers do not need much evidence to stop your vehicle on the road, but they must have at least reasonable suspicion that you committed some offense. If the officer did not see you commit a traffic offense or other crime, then the officer may have pulled you over only on a hunch that you were drunk. These “hunches” are an impermissible ground to stop your vehicle, and when such stops do occur, courts can suppress any evidence the officer gained after the stop.
No Probable Cause to Arrest You
Once you have been stopped, an officer can investigate the crime for which they pulled you over and any other crime they become aware of. Officers use this time to see if they can smell alcohol, hear you admit to drinking, or exhibit any other clue that you might be impaired. If they do, the officer can continue with a SWI investigation. Absent such evidence, though, an officer must let you go after addressing the reason for the stop. If they extend the duration of the stop or arrest you without facts justifying that decision, important evidence for the prosecutor’s case can be suppressed.
Problems with the Testing Procedures and Equipment
Evidence in a DWI case can seem incontrovertible because it appears to be scientific in nature. However, the quality of your breath or blood test is only as good as the procedures used to collect your sample and the equipment and people that tested it. Deviations from protocols, poor evidence-handling practices, and defective testing equipment are just some of the ways that your DWI case can unravel for the prosecution.
Contact an Experienced San Antonio DWI Defense Lawyer Today
Do not accept a plea to DWI without allowing the Law Office of Kerrisa Chelkowski the opportunity to review your case with you. Call us at (210) 228-9393 or contact us online if you are charged with DWI. We will advise you on the best way to handle your case and can provide you with knowledgeable, dedicated advice and representation in and out of court.