If you have been arrested for DWI, you are entitled to the guidance and support of an attorney. Your choice of legal counsel could dramatically impact the outcome of your case.
There are different ways to approach a defense strategy in a DWI case. Your attorney could evaluate the facts surrounding your arrest and help you develop a defense strategy that fits your case. Let a Pearland DWI lawyer with our firm help you fight back against these criminal charges.
Our Firm Could Help You Fight Your Charges in Brazoria County
DWI charges in Pearland are a serious matter, even for first-time offenders. An arrest and conviction could result in jail time, fines, and other serious consequences that could follow you for years.
These penalties could be enhanced if you have prior convictions, there was a minor passenger in your vehicle, or if you caused an accident leading to injury or death. No matter the criminal charges you face, our firm could help you pursue a favorable outcome.
Seeking Dismissal
The investigation into many DWI arrests is flawed from the beginning. It is not uncommon for the police to make an arrest without sufficient evidence to convict a person. When this happens, our team can work to have the charges against you dismissed entirely.
Dismissal could happen by order of the court or by convincing the prosecution they lack the evidence to secure a conviction.
Trying Your Case
An important option to consider is taking your case to trial. If the state refuses to dismiss your case, a trial could be your best option. Defendants may prevail in these cases, and an acquittal means the state can never pursue your DWI case again.
Negotiating a Reasonable Plea Bargain
There are times when the state’s evidence is strong enough to warrant a plea bargain. Negotiating a favorable plea bargain could help you avoid jail time, reduce the fines you face, and limit the other consequences that come with your conviction.
Our attorneys can attempt to negotiate fair plea bargains with state prosecutors.
For a free legal consultation with a dwi lawyer serving Pearland, call 713-225-1900
Your License Could be at Risk
An arrest for DWI could put your driving privileges at risk. The state attempts to suspend the driving privileges of everyone arrested for DWI automatically—even though they have not been convicted of a crime. While it is possible to fight back against this suspension, doing so requires immediate action following a DWI arrest.
This process is known as Administrative License Revocation (ALR). Because this is an administrative process and not a criminal case, the state has the power to suspend your license even if you are not yet convicted of a crime. The good news is that your due process rights give you the chance to object to this suspension. The time limit to do so is short, though.
Act Quickly as Time is of the Essence
After your DWI arrest, you have 15 days to request an ALR hearing. If you fail to request a hearing in that window of time, you miss out on your opportunity to object to the suspension entirely. That means the suspension will go into effect, even if you are later cleared of any wrongdoing in criminal court.
Our defense attorney can fight your suspension and use the hearing as an opportunity to preview the evidence the state has against you.
Pearland DWI Attorney 713-225-1900
Defense Strategies for DWI Cases
While there are countless defense strategies, there are two important options that are frequently used in DWI cases. The first involves challenging the legality of the traffic stop. The second relates to the admissibility of the chemical test results.
Challenging the Stop
Challenging the underlying traffic stop on constitutional grounds is one of the most straight forward defense strategies available in DWI cases. You are protected against unlawful searches or seizures. When the police stop you without a valid reason, that is considered an unlawful seizure.
The police can only pull you over while driving if they have reasonable suspicion that a criminal offense has occurred. This could include signs that you are driving while intoxicated, but it could be for any kind of moving violation.
If the police stop you illegally, any evidence they secure during or after the traffic stop could be suppressed from your trial. This could include the majority of the evidence against you, including breath test results, standard field sobriety testing or an admission of drinking.
Challenging the Test
Another viable option for a DWI defense is to challenge the results of a chemical test. Most DWI cases are built around the result of blood, breath, or urine tests. There are strict regulations that the state must follow when it comes to both procuring these samples as well as testing them.
If these regulations are not followed, it is possible that your test sample could be tainted or inaccurate. For example, it could be possible to have the results of these tests thrown out if the person that took your breath test sample was not authorized to do so.
If the state cannot account for the full chain of custody for your blood test, the results could be thrown out in that situation, too. This is important, as the result of this test is likely the strongest evidence the state has against you.
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You Can Work on Your Pearland DWI Case with Our Lawyers
DWI cases are defensible. That means there are many times when avoiding a conviction for a DWI is possible. Whether we fight to secure a dismissal or win at trial, our firm will craft a defense strategy for your case.
Blass Law stands ready to serve as your advocate throughout this process. If you have questions about your legal options, we have the answers. To learn how our Pearland DWI lawyer could help with your defense, call (713) 225-1900 for a free consultation.
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