There is no such thing as an unbeatable charge, no matter what the police or prosecution claim. The whole purpose of the criminal justice system, jury trials, and hearings before judges is deciding whether or not someone’s charges are justified, or if they should be dismissed. So if you get arrested for driving while intoxicated (DWI) in Texas, you must remember that there is hope for your future yet. By taking certain steps and knowing your rights front-to-back, you can dramatically increase your chances of beating your DWI charge.
After a DWI arrest, try to remember these facts and hints:
- Inadmissible evidence: There is going to be a decent amount of speculation when it comes to determining your intoxication. In order to solidify their case against you, an officer will want to find concrete evidence of your drinking behind the wheel, such as an opening container of alcohol in the cab of your car. What you need to know is that being pulled over for a DWI does not always give the officer the right to conduct a warrantless search. Unless they could see an open container with a quick glance into your car, or your breath reeked of alcohol, any evidence they get from their roadside search could be completely unusable in court.
- Subjective testing: Speaking of speculation, field sobriety tests are completely subjective, meaning the results are based only on what the officer wants them to be and not any form of concrete science. For this reason, you may want to pass on any option field sobriety tests, for they may only work against you. Keep in mind, however, that chemical tests back at the station should be taken, for refusing one triggers an automatic, unchallengeable license suspension; you can always challenge a chemical test’s results later, though.
- Staying silent: If you feel like the officer is trying to interrogate you, using your right to remain silent might be your saving grace. But, as recent court case complications have shown, you need to be very clear about your decision to zip your lips. When you have a moment to speak, you should say, “I would like to use my Fifth Amendment rights to only answer questioning after I have consulted my attorney, or with my attorney present.” If the arresting officer continues to press you further after that, they are violating your rights and their case is weakened, if not completely invalid.
Of course, there is no magic formula to guarantee defeat a DWI charge, but there is also no 100% certainty that you will be convicted. If you want a positive result, you are going to have to fight for it. Contact Peveto Law and our Plano DWI attorney today to retain the services of a criminal lawyer with more than 1,000 defense cases under his belt.