Driving while intoxicated (DWI) is a serious criminal offense in Texas, one that can subject a person to many future problems if convicted. DWI cases are also very different than most other criminal cases, requiring the representation of a skilled defense attorney, experienced in the representation of those charged with DWI. Why is this so important? Consider the discussion that follows.
DWI – Different Than Other Legal Proceedings
In most criminal cases, court proceedings begin after a thorough investigation of events, witness accounts, and careful collection and preservation of evidence. A defense attorney experienced in handling DWI cases will tell you that DWI proceedings typically involve evidence witnessed by police officers at the time of the accident. The evidence often consists of imperfect field sobriety tests and police statements; additional investigation of the actual events leading up to the DWI investigation is seldom done. Likewise, blood or breath samples are not preserved as evidence in other criminal case.
Roadside checkpoints can be questionable, often resulting in unnecessary, arbitrary searches leading to questionable charges based on the little evidence collected. These and many other important differences, are how DWI charges and arrests are made, as compared to any other type of crime. The important truth is that DWI charges and cases are handled differently than other criminal charges and cases, making it essential to have a highly experienced defense lawyer from the beginning.
DWI – Is Actual Guilt Being Proven?
Most DWI charges are made after field sobriety testing, typically with a breathalyzer test or blood test. An attorney experienced in DWI law will assert that breathalyzer tests are incorrectly performed, resulting in inaccurate results. There are several ways to challenge breathalyzer and other sobriety tests based on the conditions under which they are administered, the calibration and maintenance of equipment, and the procedure used by the person administering the test.
A blood test is the most accurate method for determining blood alcohol level. Because it is more costly, many municipalities do not routinely conduct a blood test. As a whole, studies on the administration of field sobriety testing report of a great variance in what type of tests are used, how they are administered, and under what circumstances. These variances often lead to a finding that invalidates most field testing. Based on this knowledge, a DWI defense can be much more complicated than many other criminal cases, since proving inaccuracy often becomes an important part of that defense.
DWI – Requires Skilled Attorney Handling
DWI defense requires expertise in everything from the legal administration of sobriety tests, to knowledge of the local legal interpretation regarding stops, searches, and constitutional rights.
The best recommendation for a person charged with DWI is to find an experienced defense lawyer familiar with DWI cases to discuss individual circumstances. With the threat of a conviction for DWI that could have a life-long impact, it is imperative to always hire a skilled and knowledgeable defense attorney who has the necessary experience with DWI cases to fight for the rights of each client!
Reynoldo G. (Trey) Garza
680 East St. Charles, Suite 600
Brownsville TX 78520
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