There are many kinds of DWI cases, and many kinds of defenses and ways to attack the charges against you. Although it may not seem like it, there are many methods to defend these cases and fight. Every element of the case against you can be attacked. To oversimplify, the evidence in a DWI case that will be used against you mainly consists of the police report narrative, a video of you taking the field sobriety tests, and a blood test or breath test. Statements you have made are very important. It is true that in Tarrant County, Dallas County, and it's true throughout Texas, DWI is prosecuted very aggressively. It is very difficult to get a DWI cases dismissed, and anyone that tells you otherwise is not being completely honest with you. Although this does still sometime happen, and DWI cases do sometimes get dismissed. In order for this to happen, there must be something seriously wrong with the State's case.
Victory Can Come in Many Different Forms
Your case is different from everyone else's case. Victory can come in several different forms. You can win at trial. You can plea it to a lesser charge. The lesser charge is called Obstruction of a Highway. Your case will depend on the specifics of your case. Sometimes getting your case reduced from a Class A misdemeanor to a Class B misdemeanor is a victory. Ultimately, going to trial and arguing DWI cases to a jury is the best and hardest route to get great results. It is that simple. Trial work can be both very tough, and both exhausting and also exhilarating. I believe that this fight is important, because avoiding a DWI conviction for my clients is something that I both take seriously and believe in.
What is Important in DWI Defense?
There are two very important aspects to a very effective DWI defense attorney. In my experience, what is crucially important in DWI cases is twofold: first, it is important to retain an attorney who can properly and thoroughly analyze all components of a DWI case and evaluate all elements of the charge and find any and all weaknesses; second, it is crucial to find an attorney who will fight for you and an attorney who will fight your case. This fight, taking this fight to a bigger opponent, is both extremely fulfilling and also exhausting. If you are facing a DWI charge, I encourage you to meet with several DWI attorneys and pick the one that you believe it. Both of these qualities are essential to very effective DWI representation. I can help give you perspective on your case. Call me and we’ll discuss how to challenge the evidence in your case. I will answer any questions you may have and explain the entire process to you point by point.
Your DWI Case May Have Strengths and Weaknesses, And That is Okay
The DWI Process can feel overwhelming. Your case probably has strengths and weaknesses. If your case ends up going to trial, it definitely has strengths and weaknesses. It is crucial that you speak with an attorney who can analyze these cases, who can break down your case, and help you come up with a game plan to defend your charge. Victory in defending a DWI charge can come in a variety of ways. If you have been arrested, you likely don't feel like your best self. You are dealing with a cluster of emotions such as regret, guilt, depression. Don't dwell inside of these feelings more than is necessary. It is important to be proactive and take positive steps to handle this situation that nobody wants to be in. However, if you do find yourself or a loved one in this dilemma, getting answers to your questions and making some order out of chaos has great value. The first step is to call me to consult.
How Can I Defend My DWI?
Everything depends on the facts of your specific case. It will depend on how exactly the police stopped you: what were you doing? how were you driving? were you speeding? swerving? The video of your field sobriety tests is a very, very important piece of evidence in a DWI case. The results of your blood of breath test, and attacking the results are very important. There are many other important aspects as well: did you make statements to the police? How did you behave toward the police? Were there any other witnesses? There are many factors in a given DWI case, and although all of them take the same shape, all of them are different as well. An effective criminal defense lawyer must be able to adapt and to bend and tailor the argument and the to fit each case. A lawyer who marshals the same defense each time is akin to the lawyer who wears a big untailored suit every day: it is unimpressive and ineffective.
Where Can Weakness Be Exposed in a DWI Charge?
The state has to build the case against you. The state has to prove all four elements of DWI:
- A Motor Vehicle
- In Public
- While Intoxicated
Imagine it like building a house. If any part of that house is weak, the house falls apart and, when this happens, the defense lawyer must use this to serious advantage. If the state cannot prove any of these elements beyond a reasonable doubt, the defense should win. Who determines what beyond a reasonable doubt means are the members of the jury. It is crucial that the jury understand how high of a burden beyond a reasonable doubt really is. This is established in jury selection. During jury selection, I spend a lot of time explaining the height of this burden. Most of the time, the issue in a DWI is intoxication. Was the driver intoxicated at the time of driving? To successfully attack this crucial element, a criminal defense lawyer must be very skilled in attacking both blood tests and breath tests, in gas chromatography and infrared spectroscopy. This is not the topic of this page, but everywhere along the way there are ways in which a skilled attorney can attack and gain advantage. This is not to say that this will be available in your case, but it takes a skilled attorney who can spot these issues.
Don't Feel Hopeless Just Because of a Breath or a Blood Test
These tests appear much more definitive and scientific than they actually are, especially to juries. Here is what is essential to know about the science behind the tests: if performed well, under perfect conditions, gas chromatography is a very effective and reliable science. The key is reliability: more often than not, a defense attorney who is skilled and trained in this science can point out how unreliable these tests can be. The machine is only as good as the analyst who prepares the sample and calibrates the machine.Sometimes, if the rules of procedure are not followed, the test results can be excluded from your trial altogether. Every single time, the best way to fight a breath or blood test in a trial is to prevent the jury from hearing about it altogether.