DWI Defense Strategies

There are no silver bullets for all DWI cases.  But, if you are in need of an Austin DWI lawyer, or San Antonio DWI lawyer, this page will give you an idea of the issues that may arise in your case.  Each DWI case requires our Austin DWI lawyers and San Antonio DWI lawyers to carefully review the facts surrounding your arrest, the science behind the evidence that will be used against you, and the legal pleadings and maneuvers by the police and prosecutor’s.  If you are looking for a DWI lawyer in Austin or San Antonio, contact us right now for a free, no obligation consultation!

Strategies That Work

Here is a partial list of DWI defense strategies that may be used by our San Antonio DWI lawyers, and Austin DWI lawyers.  These strategies may be used by themselves, or in conjunction with other legal defenses.  Whether a particular legal defense applies in your case will depend on factors and circumstances that we have to evaluate after we have investigated your arrest and processing.

  1. Improper or illegal stop.  The U.S. and Texas Constitution’s provide you certain protections against improper or illegal government actions – including the actions of police officers.  If the police did not have a legal justification to stop you, we may be able to suppress certain evidence or get your case dismissed by the prosecutor or judge.
  2. Improper police interrogation or questioning.  Once you have been arrested, the police must read you the Miranda Warning before questioning you.  If the officer fails to read you the Miranda Warning we may be able to suppress any answers you gave the police after you were arrested.
  3. Was the breath machine properly calibrated and functioning at the time of your arrest?
  4. Was your blood or urine sample properly taken?
  5. Was the evidence in your case – blood or urine sample, video tapes, or other evidence – properly seized and stored?
  6. Did the officer have adequate training to administer the field sobriety or other tests?
  7. Did the officer follow proper police department policies when he stopped, arrested and booked you?
  8. Did the officer rely on an anonymous informant as the basis for stopping you?
  9. Do you have a medical condition that explains poor performance on the field sobriety tests?
  10. Do you have a medical condition – such as GERD, or acid reflux – that explains an abnormally high BAC reading?
  11. Do you wear dentures, or other dental devices or implants that can trap alcohol in your mouth before blowing into the breath machine?
  12. What were the weather conditions at the time you performed the field sobriety tests?
  13. Did the police and/or prosecutor disclose all of the evidence they are legally required to disclose to you before trial?
  14. Did the officer write a complete and accurate report, or did he simply use a “cookie-cutter” report when describing your stop and arrest?
  15. Are there witnesses available to testify about your speech, movement and coordination in the time leading up to when you were arrested?

When choosing the proper DWI defense strategies we have to look beyond the stop and your performance on the field sobriety tests and breath machine results.  Our San Antonio DWI lawyers and Austin DWI lawyers must talk with you, carefully review all of the evidence, and find the DWI defense strategy that best explains to the judge or jury what happened when you were arrested.  Call now for a free, no obligation consultation if you are in need of an Austin DWI lawyer, or San Antonio DWI lawyer.

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