What are some Common DWI Defense Strategies?
Being charged with drunk driving can be devastating. Most people go into a panic about how their life will potentially be impacted. They worry that they’ll get around with a license suspension or how they will deal with the public stigma attached to a DWI. Drunk driving offenses are certainly nothing to take lightly. People should never drive under the influence. However, people are often wrongly accused, or something happens during their arrest that affects their case. No one should just take a DWI conviction. Finding the right Austin DWI attorney to fight for you will make a big difference in the outcome of the case. Here are three basic DWI strategies that can be implemented into any defense.
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Improper Police Conduct or Process
The burden is on the police to handle a DWI stop and arrest correctly. Unfortunately, this doesn’t always happen. There needs to be reasonable suspicion for any stop. If the police pull over a car without any indication a driver is under the influence and don’t find any clues of intoxication during the stop; then the DWI charge should be dismissed. They can’t pull anyone over on a hunch. If a driver was driving the speed limit in a careful manner and not acting out of sorts, then there could be no reasonable suspicion for the stop.
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Miranda Violations
The Constitution mandates that police must inform a suspect that once they are under arrest, they have the right to remain silent and to an attorney. Police must immediately give a suspect his or her Miranda rights before further engagement. Any questions or information provided after arrest but prior to the reading of Miranda rights is not admissible, because it’s uncertain a suspect knew the full implications of speaking to the police.
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Missteps During Field Sobriety Tests
Police have to follow processes when conducting field sobriety tests. Any deviance from standards could lead to dismissal of charges. If officers do not engage with suspects in a respectful manner or use any sort of improper intimidation tactics, then it could void whatever results are produced. In addition, the field tests are only a piece of the state’s case against a suspect for DWI. An Austin DWI attorney will know what other factors can contribute to whether or not the state has a strong case.
Conclusion
These legal defense strategy for DWI cases listed here are the bare minimum on where a DWI defense attorney should look for errors. DWI defense requires and attorney that understands the science behind field sobriety tests and knows how to fight breath and DWI blood tests.
Schedule a free consultation with Stephen T Bowling, DWI & Criminal Defense Attorneys. See how our proven DWI lawyer in Austin would defend your case. The team’s experience has helped scores of clients avoid crushing penalties of DWI convictions. Let us keep you on the road by developing an effective strategy for you or your loved one facing a DWI case. Call the team of attorneys at Stephen T Bowling, DWI & Criminal Defense Attorneys to schedule a Free Consultation with an Austin or San Antonio DWI Lawyer.
