Challenging DWI Evidence in Dallas

Fighting Back – DWI Defense in Dallas, TX

If you are facing DWI charges, there is specific evidence that led to your arrest. This evidence includes police reports related to your driving behavior prior to the stop (as well as video evidence), the results of field sobriety tests performed after the stop, breath & blood tests evidence as well as other witness testimony or reports. One of the most critical pieces of evidence in a DWI charge is your BAC (blood alcohol content) level, as registered on a Breathalyzer or through blood testing. If you registered at or above 0.08%, you are charged. Although this evidence is possibly the strongest element in the case against you, it is astonishing how many cases have had wrongly administered tests that could be successfully challenged in court.

Our Dallas DWI defense lawyer from D'Amore Law Firm has the experience and knowledge to look more deeply into what actually occurred, and seek out a defense strategy that could allow you to walk free. With over two decades of trial experience, we are highly knowledgeable about the science behind DWI testing, and how to analyze every detail to find the holes and flaws that could be exploited for our clients. Our founding attorney, Thomas A. D'Amore, spent 19 years serving in the Dallas County District Attorney's Office, and during his service, was promoted 7 times. This background and experience has proven to be of great benefit to those who are facing criminal charges, including DWI offenses. There is truly no substitute for the experience gained on the "other side." When our firm takes on the defense of your DWI charges, we know what we are doing.

Common Defenses

  • Mistakes in Field Sobriety Testing – When an officer administers sobriety testing, the goal is to gain more "probable cause" that a driver is drunk. The difficulty is that these tests are administered incorrectly on many occasions, and there are a great number of reasons why a person could fail that are unrelated to the consumption of alcohol.
  • Errors in Breath or Blood Test Administration – an officer may have administered the breath or blood test incorrectly. For the results to be considered accurate, the administration of the test must be exactly per the requirements. Sloppy test administration can lead to faulty results.
  • Faulty Testing Units – Some breath testing units have a history of incorrect readings, whether a specific unit or an entire group of units. This detail must be reviewed.
  • Human Error – Wrong instructions, not waiting the appropriate amount of time before conducting a breath test, neglecting to warn the driver of consequences for test refusal, and incorrect arrest procedure all open the door to a case dismissal.
  • Violation of the Defendant's Rights – If it can be proved that DWI evidence was obtained by a law enforcement officer through unlawful mean, it is often grounds for a case dismissal. An illegal police stop is a serious rights violation, and your case should be reviewed to determine if this is a factor.
  • Involuntary Intoxication – If a person has ingested alcohol without his or her knowledge, they may be subjected to involuntary intoxication. This can occur in such situations as a "spiked" punchbowl at a party or similar situation.

You owe it to yourself to find out what could be done in your case before you make a decision about your plea, or what to do about your charges. We know DWI defense, and the various strategies that could be successful. We need to evaluate what happened to you, and help you to make an informed decision. Contact us immediately to discuss your case.