DWI is a serious crime and, if you are found guilty, you could be facing up to a year in jail just for a first-time offense. Second and third-time offenses carry even harsher consequences. However, being charged with DWI does not necessarily mean that you are guilty of a crime. There are actually quite a few strategies that a skilled attorney can employ on your behalf.
Female-Driver Specific Defenses
For women facing DWI charges in Texas, there are some unique defense possibilities. For instance, breathalyzers are usually calibrated for men. In some cases, this may mean that your breath test results were inaccurate. Women metabolize alcohol differently than men, too, which may also be used in your defense.
Problems with Blood Draws
Blood testing is necessary to determine your blood alcohol content, or BAC. However, the state of Texas now requires that a warrant be secured in order to draw blood from someone suspected of DWI. If there were any irregularities in obtaining that warrant, or a warrant was not obtained, you could see reduced charges, or even have your case thrown out.
It should also be mentioned that affidavits of blood drawing are no longer allowed in Texas courts. The person drawing the blood must appear before the court, or the arresting officer may testify on their behalf. However, if the officer cannot adequately describe what occurred during the blood draw, the test results may not be admissible.
No Probable Cause
In order to obtain a warrant for a blood draw in the first place, the arresting officer must have probable cause. For instance, the officer may have noted erratic driving, or if you were pulled over, they may have noted the smell of alcohol on your breath or from within the vehicle. However, if there was no probable cause, the blood test results could be deemed inadmissible in your case.
Hire an Attorney
In all situations, a charge of DWI is very serious. You should not try to go it alone here. You need experienced legal representation. At The Blacknall Firm, we’ve worked with clients from all walks of life facing DWI charges to help them achieve the best possible outcome for their situation. Get in touch with us today to schedule a consultation on your case. You can reach us at 214-678-9111. Don’t let your defense rest on chance.