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Common DWI Defenses

Posted By D'Amore Law Firm || 14-Nov-2013

Being charged with a DWI in Texas can not only be frightening but also quite frustrating. This is especially true if you were falsely accused and arrested for drunk driving. Texas is known for their high rate of DWI arrests, which is due in part to the fact that the rate of drunk drivers is fairly high throughout the state. While law officers mean well, they do not always perform their duties in the way they are supposed to and they can become quickly overzealous in their efforts to arrest those they believe are driving under the influence. We have put together a few of the most common defenses for DWI cases in Dallas, but we strongly recommend that you retain an aggressive Dallas DWI lawyer to assist you in putting together a proper case. Your future is on the line.

Probable Cause was Non-Existent
A law officer cannot pull you over without probable cause. You must have been significantly swerving, showing reckless driving, or you must have been breaking some other traffic violation in order for them to pull you over. This could include texting and driving, speeding, or even driving without the proper registration tags on your license plate. If they did not have probable cause to pull you over, your charges could be reduced or even dismissed altogether.

Not Actually Driving
If you were not actually behind the wheel or driving when the police officer arrested you, this could be a violation of your rights. They cannot legally arrest you if you are simply sitting behind the wheel of your car in a parking lot, with your car turned off. This evidence would reveal nothing, as you may have been simply waiting for a ride or merely sitting in your car. It does not necessarily show that you intended to take to the road while you were under the influence.

Other Symptoms Affected Your Testing
With both field sobriety tests and breath/blood tests, other health conditions can affect your results. Performing field sobriety tests if you are nervous, dizzy or have issues with balance can easily make it look like you are drunk and guilty. Breathalyzer devices can get incorrect readings if the person has diabetes, is on certain diets or deals with GERD and other acid reflux disorders.

There are countless other defenses that can be made on your behalf, depending on your particular situation. It is always a good idea to speak with a qualified Dallas DWI lawyer before moving forward with any course of action. Do not speak to the police officers or anyone else before you retain a lawyer you can trust! Call D'Amore Law Office today for reliable legal representation.

Categories: Arrest, DWI, Know The Law

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