Richardson DWI Defense Lawyers

Few things can be as frightening for drivers as being pulled over by police and investigated for drunk driving. An officer who suspects that a driver has been drinking alcohol or using drugs may ask questions about where a person was, what they have been drinking, and whether they are safe to drive. They may perform tests or take steps to gather other evidence. A person may worry that saying or doing the wrong thing could lead to an arrest, the loss of their license, large fines, and possible jail time. Understanding what to do to defend against these charges is not always easy.

At Texas Defense Firm, we work with people in Richardson to challenge accusations of intoxicated driving. Our lawyers have handled DWI cases in courts throughout Texas, and we know the science, the procedures, and the laws that affect these cases. We combine careful investigation with skilled advocacy, and we will take the time to listen to our clients' concerns. Our goal will always be to protect our client's driving privileges, their records, and their future.

Why Police May Make DWI Arrests

Every DWI case begins with a traffic stop, and an officer will need to show that they have reasonable suspicion that a traffic violation or crime has occurred before pulling a driver over. Common reasons include speeding, drifting between lanes, rolling through a stop sign, or driving without headlights after dark. Accidents can also lead to DWI investigations.

Once a car has been stopped, an officer will look for signs of intoxication. They may note the smell of alcohol, a driver's red or watery eyes, their slurred speech, or how they have fumbled with their wallet or purse. They may also ask questions such as "Have you had anything to drink tonight?" Answers to these questions may be used as evidence later, so what a person says and how the officer describes their actions may need to be reviewed.

Intoxication by Drugs or Alcohol

In Texas, intoxication is defined as the loss of a person's mental or physical abilities that are required for safe driving because of the use of alcohol, a controlled substance, or any other substance or combination of substances. These substances may include marijuana, illegal drugs like cocaine or meth, and prescription medications such as sleep aids or pain relievers.

Drug-based DWI cases can sometimes be harder for prosecutors to prove. Unlike alcohol, there is no legal limit for most drugs, and the presence of a substance in a person's blood does not prove that they were impaired at the time when they were driving. Some substances may be detectable for days or weeks after any effects have worn off. Our team can examine lab test results, observations reported by officers, and evaluations by drug recognition experts as we challenge claims involving drug intoxication.

Reviewing What Happened During a Traffic Stop

Our attorneys will look at whether a traffic stop that led to a DWI arrest was legal in the first place. We can request dashcam and body camera footage and compare it with the officer's arrest report. Officers sometimes describe weaving or erratic driving, but video may show that this never occurred. If an officer did not have a valid reason to stop a driver, any evidence that they gathered may be excluded from a DWI case.

How Field Sobriety Tests Can Be Challenged

There are three types of field sobriety tests that officers will generally use during traffic stops. Officers are trained to perform these tests in a specific way, and mistakes can make the results unreliable.

• Horizontal Gaze Nystagmus: An officer may watch a person's eyes follow a pen or light. Flashing police lights, passing traffic, and certain medical conditions can affect eye movement.
• Walk-and-Turn: A person will take several steps along a line, turn, and return. Uneven pavement, wind, high heels, or a knee injury can cause a person to lose balance.
• One-Leg Stand: A person will raise one foot off the ground and count aloud for about 30 seconds. Issues such as age, weight, and back or leg problems can affect a person's performance.

We will review whether an officer gave clear instructions, demonstrated the tests correctly, and followed he right steps when assessing a person's performance. Even small departures from the standardized procedures can weaken the officer's conclusions.

Challenging Breath Test Results

Texas police agencies will typically use breathalyzer machines to test people who have been arrested for DWI. An officer must be certified to operate this type of device, and they are generally required to observe a driver for a specific period before performing a breath test. The machine must also be properly maintained and calibrated.

Our lawyers can request maintenance logs, review operator certifications, and look at test records to determine what challenges may be possible. Health conditions such as acid reflux or diabetes, along with mouth alcohol from burping or dental work, may cause inaccurate readings. If the observation period was cut short, or if a machine had not been maintained, the results may be challenged.

Questioning Blood Test Evidence

Blood tests are often seen as more accurate than breath tests, but they can also be affected by errors. Our team can examine how blood was drawn, stored, and tested. Problems with the chain of custody, expired collection kits, improper refrigeration, or sample fermentation can all affect the test results.

Contact Our Richardson, TX DWI Attorneys

After a DWI arrest, the attorneys at Texas Defense Firm can review what happened during the traffic stop, how field sobriety tests were performed, and whether chemical test results can be challenged. Contact our Richardson, Texas DWI defense lawyers at 972-369-0577 to discuss your case in a free consultation and take the first step toward protecting your license and your future.