What are some common defenses used in Houston DWI cases?

When you get pulled over for driving under the influence of alcohol or drugs, you may wonder what your defense options are. While you can’t control whether or not you’re stopped by the police, you can protect your interests by knowing about your legal options and how they might apply to your case. Depending on the circumstances, you may be able to make a case for why you shouldn’t be charged with a DWI, or driving while intoxicated. If you believe the police have made a mistake, an experienced criminal defense attorney can give you advice about what to do next. A DWI defense attorney may offer many different defenses based on your specific situation – including a search and seizure defense, a Miranda rights defense, a speedy trial defense, a double jeopardy defense, and more. Each defense has its own set of eligibility requirements, though – not every type of defense will apply to every case. The following are some common defenses used in DWI cases:

Motion to Suppress

A motion to suppress may be one of the first defenses used in a DWI case. This defense is related to the legality of the police investigation in which the defendant was stopped, arrested, and/or charged with DWI. The defense can involve one of two types of evidence: physical evidence, or statements made by the defendant. Physical evidence includes items like breathalyzer results, blood alcohol content (BAC) test results, and field sobriety tests. Statements made by a defendant during the investigation may be suppressed if the suspect did not receive proper warnings under the Miranda rule. The Miranda rule is a set of rights that people accused of a crime are entitled to during police interrogation. If the Miranda warnings were not provided, then any statements made as a result of those warnings may be suppressed.

Inadequate Probable Cause

In some cases, the police may not have had enough evidence to charge you with DWI. If this is the case, an inadequate probable cause defense may be used to challenge your conviction. Generally, the standard for proving inadequate probable cause is quite high. The state must prove that there was enough evidence to establish probable cause to believe that you were driving while intoxicated. The standard of proof at the trial phase is much higher than in a pretrial hearing. In order to challenge the evidence against you, an experienced DWI defense attorney may seek to exclude certain evidence. If the evidence is excluded, then your conviction may be overturned on appeal.

Fleeing and Eluding

If the police stopped you for a legal reason and you attempted to flee or elude them, then you may be able to challenge your conviction based on an affirmative defense. Under the Texas “Fleeing and Eluding” law, a driver who flees or eludes police must show that the police used unnecessary force, or otherwise acted unreasonably during the pursuit. If the police acted unreasonably by pursuing you at a high speed, endangering other motorists, or violating traffic laws themselves, then you may be able to challenge your conviction based on an affirmative defense. An experienced DWI defense attorney can explain your options and help you determine whether or not you have a valid defense.

Public Safety Exception

An exceptional circumstance defense is a type of affirmative defense under which a defendant can argue that their conviction would have a negative effect on public safety, even if the facts of the case would support a conviction under other defenses. This defense is sometimes referred to as the “public safety exception” and it can be used in DWI cases. This defense may be applicable if you are a first-time offender, have no prior criminal record, are not a danger to the public, and the circumstances of your case are unique. A successful exceptional circumstance defense can help avoid a conviction and the negative effects that might follow, such as a permanent criminal record. An experienced defense attorney may be able to help you determine whether or not your case meets the requirements for this defense.

Conclusion

If you find yourself charged with a DWI or another alcohol-related offense, then you may want to consult an experienced DWI defense attorney as soon as possible. A DWI defense attorney will be able to advise you on the best defenses to use and how to proceed with your case. Whether you will have to go to trial, negotiate a plea agreement, or find other ways to resolve the matter, it is important to have a knowledgeable advocate on your side.