At the Law Office of Jesse Hernandez, we’re very familiar with what it takes to fight—and eliminate—DWI charges in the State of Texas. Our DWI attorneys in Austin have helped numerous clients overcome their charges. While no two cases are exactly alike, there are many common strategies that come up again and again in this area of law. Here are some of the arguments that might be relevant when it comes to your own DWI case.
DWI convictions rely heavily on hard evidence of a person’s intoxication. The methods of collecting this information are imperfect and often weak in the face of a knowledgeable attorney.
Field Sobriety Tests
If an officer notices signs of intoxication during a traffic stop, such as slurred speech, bloodshot eyes, or the smell of alcohol, they may ask the driver to perform a field sobriety test. This may include activities such as standing on one leg, walking and turning, and a horizontal gaze test. The failure of field sobriety tests is that they rely on the officer’s interpretations of a person’s movement, with little regard for extenuating factors such as obesity, injuries, or advanced age.
Breath tests, especially those done in the field, are known to be influenced by a number of factors. A breathalyzer device is intended to show a person’s blood-alcohol concentration (BAC), and give an officer immediate confirmation whether they are below, at, or above the legal limit. Certain medications, diabetes, recent use of mouthwash, and even burping can render the device’s reading inaccurate. Additionally, each device needs to be correctly calibrated before use in order to deliver reliable results.
Samples of a person’s blood are often taken following a DWI arrest. Legally, there are very specific protocols that must be followed, and you are required to give consent before law enforcement can extract a sample. Unsanitary conditions, improper labeling or storage of the sample, threats or promises of leniency made by law enforcement, and under-qualified administrators are some of the most common reasons a sample may be thrown out.
In the United States of America, all individuals maintain certain rights against unlawful searches and seizures. Upon examining the events that took place before or during a DWI traffic stop, it’s not uncommon to find those constitutionally guaranteed rights have been violated. If our DWI attorney in Austin uncovers evidence that law enforcement failed to follow the law, this can be used to weaken the prosecution’s position or even throw out the case entirely.
Contact Our DWI Attorneys in Austin and San Antonio
The Law Office of Jesse Hernandez is dedicated to helping every client feel safe and protected throughout their legal proceedings. This begins with helping a client understand their charges. Contact our law office for a free case evaluation today.
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.