Drunk driving charges can result in lasting consequences for accused individuals and also commonly carry significant penalties including jail time, fines and loss of driving privileges. The long-term consequences of DWI charges can also mean a criminal record and can impact the accused individual’s personal and professional lives for some time to come after the charges they are facing.
Because of the significant impact of a DWI charge, it is useful for accused individuals to know how to defend against the DWI charges they are facing. There are certain specific categories of drunk driving defenses that include defenses based on necessity, duress, entrapment, mistake of fact and involuntary intoxication. These defenses, like most criminal defense strategies, are unique to the situation and circumstances the accused individual is facing so it is helpful to know which defense options might apply to the accused individual’s situation.
Other criminal defense options that may be able to help individuals accused of driving while impaired include that the stop that led to the accused individual’s arrest was improper. Additional challenges may be made to the accuracy or administration of a portable or standard breathalyzer test, depending on what type of test was used. It is important that breathalyzer tests are properly maintained for accuracy and that those administering them are properly trained to do so. If a blood or urine test was performed, it is important that chain of custody was maintained.
A field sobriety test may also be challenged on a similar basis to a breathalyzer test if the police officer performing it was not properly trained to do so. Additional defenses, such as that the accused individual’s blood alcohol content rose between the time of the stop and the time of the test or that there was interference with the test, such as if the accused individual vomited during the test, may also be possible. It is also possible to challenge the facts as alleged by police or the conduct of police. There are many criminal defense options available to individuals accused of drunk driving in Texas which is why anyone accused of a DWI should be familiar with the best criminal defense strategy for them.