DWI/DUI Defenses

There are many different defenses that can be used in a DWI/DUI case and each is specific to the facts of the case. The following is a sample of some of the more common and easily understood.

Blood Alcohol Content (BAC)

Alcohol is absorbed into your bloodstream. If the measurement of the Blood Alcohol Content is more that eight, one-hundredths percent of alcohol, then you are “intoxicated” in the state of Texas.

Texas has higher penalties for higher BAC’s.

Texas is a “zero tolerance” state. This means it is illegal for anyone under the age of 21 to operate a motor vehicle with any amount of alcohol in their blood.

Drawing your blood for testing is the most accurate and reliable method for determining your BAC. However, even this method is subject to flaws. These flaws will only be known by a top DWI/DUI lawyer.

Drawing your blood is currently only used when a driver has been in a serious accident or if officer’s on the scene believe that the subject is so intoxicated that he or she may be suffering from alcohol poisoning. However, an officer may obtain a warrant to draw blood from a person suspected of DWI.

The large majority of DWI/DUI cases involve the use of a breath testing machine called the Intoxilyzer 5000. This machine is supposed to convert and calculate a sample of your breath to a corresponding BAC.

Your attorney will likely subpoena the records on how well the machine operated and was maintained and calibrated. There are many different reasons why this machine would give a reading that is too high and inaccurate.

The type of food you last ate, whether you have a fever, contaminants in your mouth, an improperly prepared sample, radio interference and improper calibration are just a few. Expert testimony is invaluable in this area. An expert can shed light on the problems with this machine.

A breath test sample is evidence in a criminal case and should be preserved to allow for future testing, if necessary. There is a method for preserving a sample of a suspected DWI/DUI driver’s breath that is very cheap and reliable. However, it is not used in Texas and suspected DWI/DUI driver’s are never told about it. In fact, the sample of the person’s breath that is provided is destroyed or lost in almost every case!

In any type of case, the destruction of evidence is a crime. But not in a DWI/DUI case!

Driving Observation Defenses

The police officer’s testimony about the way a suspect was driving may include some of the following:

            ●          very slow speed
            ●          erratic speeds (very fast, then very slow)
            ●          weaving
            ●          crossing the center line of the roadway
            ●          broken tail light
            ●          broken head light
            ●          failure to signal

A top DWI/DUI attorney will argue there are many different explanations for these driving behaviors that don’t have anything to do with alcohol consumption.

Behavior Observation Defenses

An officer may testify as to a DWI/DUI suspect’s appearance an behavior when questioned. In fact in the majority of the reports I have reviewed, the officer does not list their observations, but use the acronym SOAB to denote “Strong Odor of an Alcoholic Beverage.” Also, their reports rarely differ on their observations from stop to stop! It’s as if every report they write contains the exact same description of driving facts. They include:

            ●          slurred speech
            ●          inappropriate joking or language
            ●          rumpled clothing or disheveled appearance
            ●          stumbling or leaning on vehicle for support
            ●          enlarged pupils
            ●          odor of an alcoholic beverage on person’s                         breath or about his/her person

Defenses to these observations that don’t have anything to do with being intoxicated may include:

            ●          speech impediment
            ●          lack of sleep
            ●          seasonal or chronic allergies
            ●          crying
            ●          nervousness or “black and white fever”
            ●          traveling all day
            ●          uneven roadside, shoulder dropping of at                         sharp angle
            ●          legs or feet numb from prolonged sitting
            ●          medical conditions such as Diabetes or brain                         disorder or injury
            ●          medications
            ●          food recently consumed
            ●          previously existing physical impairments such                         as extreme obesity, knee or ankle injuries,                         hip or back problems, concussion from                                     accident.

Many of the defenses require a top DWI/DUI lawyer’s expertise and experience. If you have been charged with DWI/DUI or any other form of impaired driving, boating or flying, it’s important to contact a lawyer right away.

Contact us about your legal matter today!