How Hard Is It to Beat a DWI Charge in Texas?

Beating a DWI charge in Texas can be challenging, as the state has strict laws and penalties for driving while intoxicated. However, it is not impossible to successfully defend against a DWI charge, especially with the help of a Houston DWI lawyer like Attorney Jay Blass Cohen. 

If you’ve been arrested for DWI, call the DWI defense team at Blass Law and find out how we’ll fight to get your case dismissed or beat the criminal charges against you. We start by going through your case and finding the strengths and weaknesses in the prosecution’s argument.

What Is a DWI Charge in Texas?

The State of Texas refers to driving while under the influence of alcohol or drugs as “driving while intoxicated” or DWI. It means operating a motor vehicle in a public place while intoxicated. Under Texas Penal Code § 49.01, you’re legally intoxicated if you have an alcohol concentration of 0.08 or more, or if you don’t have the “normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug…or any other substance into the body.”

There are other charges commonly associated with a DWI, such as:

• Driving while intoxicated
• Driving while intoxicated with a child passenger
• Boating while intoxicated
• Public intoxication
• Possession of alcohol in a motor vehicle (open container)
• Drug possession with or without intent to distribute
• Intoxication assault
• Intoxication manslaughter

DWI charges and most of the above offenses can result in hefty fines and jail time and should be taken extremely seriously. You are urged to contact Attorney Cohen promptly for a consultation so he can begin working to minimize the potential for any dire consequences you might face, including a criminal record, jail sentence, losing your driving privileges (through a license suspension), and more.

How Can You Beat a Texas DWI Charge?

There is no one tried-and-true way to beat a DWI charge, which entails getting a client’s case dismissed or being found not guilty in court. Attorney Cohen will need to review the entirety of your circumstances and all the available evidence to determine the best course of action. 

The facts of your DWI case will determine which defense strategy is more likely to yield the best possible outcome. If this outcome does not bring a dismissal but your charges and penalties are significantly reduced, this would still be considered a “win” in many instances. 

Many criminal defense lawyers advise their clients to plea bargain as a first option, so they don’t have to do all the work it takes to get their case dismissed. Attorney Cohen always considers your needs and goals as a client when taking your case, and he will fight for the best possible outcome instead of taking the most convenient way out.

What Are Some Common Defenses for Texas DWIs?

There are several potential strategies that can be used effectively in many Texas DWI cases, including, but not limited to, the following: 

Challenging the Legality of the Traffic Stop

In order for law enforcement to pull over a vehicle, the officer must have reasonable suspicion that a traffic violation occurred. In other words, the officer observed the driver breaking a traffic law, such as speeding, swerving, crossing road lines, or another violation. 

The legality of the traffic stop, as noted in the police report, hinges on whether the officer had reasonable suspicion (specific facts showing a violation or crime may have been committed). The arrest that follows needs probable cause, a higher bar. If the officer’s observations are questionable, the stop could be challenged in court by a motion to suppress.

Challenging Movement or Operation of the Motor Vehicle

In a Texas DWI case, the prosecutor must show you were operating your vehicle while you were intoxicated. The car doesn’t have to be moving, but the State has to show you did something to make it function in a way that would let you drive it. For example, if you were sitting in a parking lot in your vehicle trying to sleep off the effects of alcohol rather than drive, that’s a real fight over whether you were operating it at all.

Challenging the Validity of Law Enforcement Procedure

If law enforcement uses unlawful procedures to search or obtain a confession from an individual, this rights violation can be the basis for a motion to suppress. For example, one of the more common violations is neglecting to read Miranda rights to a person who is in custody and being questioned. While such infringements may not get your case dismissed, they can prevent the jury from hearing evidence obtained by this violation of your rights.

Challenging the Breathalyzer Test

Breathalyzers can be useful tools for identifying drunk drivers, but they are subject to the same mechanical failures and inaccuracies as other devices. Specifically, these appliances must be properly calibrated and checked frequently to guarantee accuracy. If a breathalyzer technician fails to adjust the calibration properly, the readings for that device could be incorrect.

Similarly, if you were administered a breathalyzer test one or two hours after driving, this will not indicate what your BAC was at the time you were driving. Technicians must use special unreliable mathematical calculations to even estimate what your alcohol level was at the time you were driving based on your breath test.

Challenging the Field Observation Sobriety Test

Field sobriety tests are usually conducted at a police officer’s request within minutes of being pulled over for suspicion of DWI. According to the U.S. Department of Justice, the three most reliable tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. 

These tests are purely subjective, and the officer conducting them is only looking for mistakes. However, many people have physical issues or health conditions that could cause them to fail the test, regardless of their alcohol level.

Contact a DWI Defense Attorney at Blass Law Today

Attorney Jay Blass Cohen is an ACS-CHAL Forensic Lawyer-Scientist and a certified Drug Recognition Expert. He’s trained in forensic chromatography for both alcohol and drugs, and he’s a practitioner and instructor in Standardized Field Sobriety Testing. He will fight hard to beat your DWI charge and achieve the best possible outcome.

Every DWI case is different. At Blass Law, we dig into the details of each one and build the defense strategy around what we find. The goal is a defense built for your case that takes on the prosecution’s case directly.

If you’ve been arrested for DWI in Texas, contact our legal team today for a confidential consultation. We can begin working on your case right away and provide you with aggressive representation from a passionate criminal defense attorney.