Most people are in disbelief after they are arrested for a DUI in Texas and have no idea as to how many potential defenses there are in DWI cases. With the help of a qualified DUI defense attorney, you may be able to exploit this advantage to your benefit. Sometime the prosecution is actually at a disadvantage in a DUI case. The prosecution must prove beyond a reasonable doubt that you are actually guilty of the accused crime of DUI. The burden of proof always lies in the hands of the state. A DUI lawyer’s job is to find the weaknesses in their case. Usually, there is some issue to exploit if the attorney knows where to look.
The police must have probable cause in order to stop your vehicle. An officer can only legal stop you if they observed you violating some traffic or criminal law. Speeding, weaving, or failing to stop at a traffic sign are all common reasons the police conduct the initial traffic investigation. Probable cause must also exist for the detaining and arrest of the DUI accused.
The police officer must also prove that you were in physical control of the automobile. They do not have to catch you in the actual act of driving. The prosecutor must prove that you were not only impaired but also in physical control of the car. If an accident is involved, the prosecution could have a difficult time proving there DUI case.
While placing you under arrest, the police also should have issued you a Miranda warning. This ensures that you do not make any self-incriminating statements against your self-interest due to police pressure or force. If you gave incriminating statements to police, they may be able to be excluded under Texas law.
If you were arrested for DUI and refused a blood or breathe test, police have to read you an implied consent notice under Texas law. This admonition states the consequences you will face for refusing to submit to the officer’s request for a chemical test. If you took a chemical test, a whole host of other problems could be present for the state. The conditions must have appropriate and many things can go wrong with both blood and breathe tests. Below is a brief summary of defenses used in the past.
- The police did not have probable cause (or legal cause) to stop your vehicle.
- The field sobriety tests were not given properly.
- You were not the actual driver of the vehicle.
- The breath test was inaccurate because:
- The test was improperly administered
- The machine was not properly maintained.
- The police did not observe you “eye ball to eye ball” for 20 minutes prior to administering the test.
- Radio Frequency Interference invalidated the test.
- The police broke the chain of custody in a blood test case.
- The police officer incorrectly concluded that you were too intoxicated to drive. The police officer’s opinion can be wrong.
- These are just some of the defenses that might be used in your case.
Source: https://www.dwiattorneyinhoustontx.com/avoiding-texas-dui/