How to Beat A DWI
First, Consider The Constitutional Arguments
This is likely the most typical method to beat a DWI when defending yourself with a solid DWI lawyer. Police must adhere to the specific rules regarding the constitution as they conduct investigations. This includes the actual traffic stop, the search of your vehicle, the obtaining of evidence from your body, your words, etc. If the officer or officers conducting the investitation do not follow the procedures set forth by the constitution, this could cause all evidence which is found following the rule-breaking to be suppressed in criminal court. By suppressing evidence, it makes it extremely difficult for the district attorney to make a case regarding a DWI.
Countless volumes of legal cases elaborate on the details regarding constitutional issues and how they work in a legal scenario. An experienced defense attorney will remain current at all times regarding any developments in the criminal law and the application of such legal issues on behalf of clients. Examples that refer to constitutional issues might include specifically the actual challenge to the initial traffic stop or to the contact that was made by the police officer. Another would be challenging the validity or even asserting that there was no probable cause in the first place for the officer to request a PBT (preliminary breath test).Another method used by a good dallas dwi lawyer would include fighting the actual probable cause with regards to the arrest itself for driving while intoxicated (DWI.) Any violation with regards to the right a person has to an attorney before questioning is indicative of a denial of a person’s right to due process under the law.
Second, Technical Arguments As DWI Defense
These type of arguments rest on an officer’s failure throughout the process to adhere to specific procedures, laws and statutes with regards to criminal investigations. Texas and other states have very detailed DWI statutory procedures, with any failure on the part of officers to follow these very detailed and exact steps of the entire process to be a serious issue. Examples include refusing to take a test, and what the officer is required to do in these situations. These technical issues could be things like problems occurring in the testing process that invalidate the results; violating rights regarding additional blood alcohol content tests; as well as paperwork mistakes.
Overall, considering your rights with regards to a dwi can be serious with implications that are long-lasting in the life of a person involved. Take your rights seriously and hire a good attorney.