A knowledgeable criminal defense lawyer will be able to identify and assert any applicable defenses to a DUI/DWI charge. These defenses generally have a narrow application to specific facts and circumstances and might include (1) an improper stop of the motor vehicle; (2) field sobriety tests were improperly administered; (3) improper interrogation of the defendant (generally only applies after the defendant is arrested); (4) breath tests (portable breathalyzer in the field and standard breathalyzer at the police station) were not properly administered or the breathalyzer machines were not properly calibrated and maintained; (5) blood test was not properly administered and the chain of custody (handling) of the blood sample was improper and unreliable; (6) due to rising blood alcohol concentration, the defendant’s BAC was below the legal limit when the defendant was stopped, and rose to a higher level when the defendant subsequently provided a breath or blood sample (after a lapse of time of an hour, for example); and (7) the defendant has medical conditions or is on medication that affected breath, blood, or field sobriety tests.
There may be other facts and circumstances that give rise to a defense that may be asserted to a DUI/DWI charge. The best defense, of course, is not to drink and drive. And the second-best defense may be to refuse to provide evidence that may incriminate yourself—by politely (1) declining to answer police questions, (2) declining to participate in field sobriety tests, (3) declining to provide a breath or blood sample, and (4) asking to speak to a lawyer.
In Texas, a knowledgeable criminal defense attorney can identify and assert various defenses against DUI/DWI charges based on the specifics of the case. These defenses may include challenging the legality of the vehicle stop, the administration of field sobriety tests, the interrogation process post-arrest, the accuracy and maintenance of breathalyzer machines, the handling and reliability of blood tests, and the timing of blood alcohol concentration tests. Additionally, medical conditions or medications that could affect test results may also be used as a defense. It's important to note that while Texas law allows individuals to refuse field sobriety tests, breath, or blood tests, such refusal can lead to automatic license suspension under implied consent laws. Furthermore, refusal to provide a breath or blood sample can still result in a DUI/DWI charge based on other evidence. An attorney can advise on the right to remain silent and the right to legal counsel during a DUI/DWI investigation. The most effective way to avoid DUI/DWI charges is not to drink and drive.
