How to Beat a DWI
A DWI conviction can result in a jail sentence and an expensive fine. You could also lose your license. The consequences of a criminal offense can be far-reaching and affect every part of your life. You could lose your job and ruin the reputation you worked so hard to build. Even if you pay your debt to society, you could face challenges while getting your life back on track.
Beating a DWI doesn’t just mean avoiding a conviction. You also need to fight against an administrative license revocation (ALR). Even if the court ends up dismissing your case, you could spend weeks or even months before the dismissal without a driver’s license, a significant inconvenience to your daily routine.
Steps to Take to Beat an Administrative License Revocation
You could face criminal and civil penalties following a DWI arrest. The civil penalty might involve an automatic suspension of your driver’s license. At the time of your arrest, the officer can confiscate your license. You will receive a notice of suspension letter when released from jail requiring you to attend an ALR hearing within fifteen days.
An ALR hearing isn’t the same as a criminal hearing. It only involves proceedings to determine whether you can keep your driving privileges. You can fight to keep your license with assistance from an experienced lawyer. Your lawyer can cross-examine the arresting officer to determine whether they had a lawful reason to pull you over and arrest you.
How to Beat a DWI Charge in Texas
The only way you truly beat a DWI charge is by getting your case dismissed. Some attorneys will try to reach a plea deal with the prosecutor for a reduced sentence. However, that’s not beating a DWI. Instead, it’s throwing in the towel. A plea deal requires you to plead guilty to a lesser offense or receive a less harsh penalty for the charges against you. Either way, you still face sentencing and end up with a criminal charge on your record.
Two major factors could help you beat a DWI charge – the evidence and your actions.
Evidence Used to Beat a DWI Charge
There’s evidence the prosecutor can use to show that you were driving under the influence at the time of your arrest. However, your attorney could argue against the validity of the evidence presented, such as:
- Field sobriety test – The result from a field sobriety test is a common piece of evidence in DWI cases. However, the test itself can be subjective. An officer can decide you failed based on their opinions.
- Chemical tests – A positive breath test can result from various factors, including a special diet, health condition, or the recent use of mouthwash. It doesn’t necessarily mean someone consumed alcohol. When blood tests and breath tests aren’t handled properly, your lawyer could file a motion to suppress the evidence so the prosecutor can’t present it during your trial.
- Police recording – Many law enforcement members have dash cams in their police cars and body cams strapped to their chests. It’s almost impossible for them to do their job without every second of it being recorded. Your attorney could challenge the officer’s claims if what they say differs from their actions and your actions in the recording.
Actions Used to Beat a DWI Charge
You can invoke your rights at any time before and after an arrest. The most vital rights you should assert include:
- Right to remain silent – You don’t have to discuss the alleged offense with law enforcement. You should identify yourself and present your identification if the officer asks, but you don’t have to answer their questions about the crime.
- Right to consult a lawyer – If the police try to interrogate you about the circumstances of your arrest, you can ask to speak to your lawyer. They’re not allowed to talk to you anymore once you invoke this right.
- Right to be free from unreasonable searches and seizures – Law enforcement can look in the immediate area of your arrest for visible evidence. However, they’re not allowed to enter another room in your home, open the trunk of your car, or search for evidence without your consent or a warrant.
- Right to a fair trial – Anyone arrested and charged with a crime has a right to a fair trial. That means it happens within a reasonable amount of time in front of an impartial judge and jury and allows the defendant an opportunity to defend themselves with the help of a lawyer.
If an officer violates your rights in any way, your lawyer could call into question the mistreatment you endured during the process. For example, if law enforcement searched your home without a valid warrant or your permission, evidence they found would not be admissible in court.
Your character can be significant during a DWI case. If you ran away from the arresting officer, became physically violent, or resisted arrest in any other way, the jury might believe there’s a pattern of bad behavior. It’s best to treat law enforcement with respect and resist the urge to defend yourself.
Our goal is to get the charges against you dropped entirely to avoid unnecessary and unfair penalties.