What Are Some DWI Defenses?

Posted by Joseph Franks on March 4th, 2020

Federal Criminal Defense Attorney in El Paso TX know when defending DWI charges that those charged with DWI will be aggressively prosecuted and will need an equally aggressive defense attorney to avoid the potentially stiff penalties upon conviction.

DWI penalties in Texas

It’s frightening to be arrested for DWI, not only because of collateral consequences such as higher car insurance premiums, reputation damage, and interference with your ability to commute to work, but because the potential post-conviction penalties may include:

• driver’s license suspension or revocation
• importance fines including surcharges, court costs, and legal fees
• community service hours
• DWI education programs
• Ignition interlock device installation.

Urgent circumstances, including driving with a child or a repeat offense—can elevate the penalties as well. Having a skilled criminal defense attorney board-certified by the Texas Board of Legal Specialization may be your best chance of avoiding a conviction or getting the best possible outcome for your circumstances.

Defending DWI Charges

No matter how damning the evidence against you may seem at first, there are a number of ways to challenge DWI charges. Depending on the particulars of your case, defenses may include numerous grounds related to the violation of your civil or Miranda rights, contamination or mishandling of blood samples, Breathalyzer-related issues, and more.

Knowing the seriousness of DWI charges, taking action to prevent an arrest is the best course of action. Of course, some people make poor choices when impaired by drugs or alcohol.

A client of ours recently was charged with a felony after reportedly stealing a motorized electric scooter from a local Walmart during a barhopping binge. The man allegedly told authorities he feared a DWI arrest if he drove his car to the next bar while intoxicated so he took the motorized cart – typically used for shoppers with disabilities – instead. Establishments were notified by patrons after his arrival at the next bar.

The man reportedly ignored being charged with drunk driving, but was arrested on a felony charge of “unauthorized use of a movable”. Arranging a designated driver, or opting for an Uber or a Lyft ride is generally the best alternative to avoiding any trouble with the law when barhopping or drinking in establishments.