The Harris County Sheriff's Office's DWI task force began a new initiative to curb the number of drunk drivers on the road. During the first night of this initiative along, officers pulled over dozens of Houston drivers. Reasons for the traffic stops included offenses as minor as a headlight being out and offenses as serious as driving the wrong way down the road. The purpose of the newly-formed task force is to seek and find motorists who may be driving while impaired in the city.
If you are one of the many drivers who has been pulled over and arrested for driving while impaired due to this recent initiative, your attorney may be able to assert a legal defense that could help your case. These officers may try to use simple traffic violations to pull you over, some of which may not be valid. But the officer must have a valid reason for the traffic stop, and without it, you may have a defense if you were charged with an offense, e.g., DWI. For instance, if there was no valid reason, i.e., reasonable suspicion, to pull you over, and you are charged with a crime, the attorney can file a motion to suppress evidence flowing from that unlawful traffic stop. Without that evidence, there may be no case, and the charges may subsequently be dropped.
There are other defenses, too, that may apply in your case. Here's an overview of those defenses.
Defenses to a DWI Charge in Houston
- You were improperly stopped. One of the most effective defenses to a charge of driving while impaired is that you did not do anything to warrant a traffic stop. In order to pull over a driver for a traffic stop, a police officer must witness--or have reason to think--you were committing a crime or traffic offense. Examples can include weaving in and out of lanes, excessive speeding, or even a taillight being out.
- The BAC test was faulty. If you submitted to a blood alcohol test, your attorney may be able to argue that the results of the test were inaccurate. If you took a breathalyzer test, your attorney can try to show that the test was administered improperly, the machine wasn't calibrated or maintained, or an inexperienced person administered the test. For a blood alcohol test, you can try to show that the results were contaminated or the blood test was administered by someone who was not authorized to draw your blood.
- The field sobriety test was inaccurate. There are plenty of reasons that a perfectly sober person can fail a field sobriety test. This includes the test being performed on slippery or sloped ground, improper administration of the test, or a medical condition that caused you to fail the test.
Charged with DWI in Texas? Contact Doug Murphy Today
If you are facing a charge of driving while intoxicated in or around Houston, Texas, it's critical to enlist the help of an experienced criminal defense attorney as soon as possible after your arrest. Being armed with a competent attorney gives you the best chance of a successful defense. Whatever you do, don't try to fight your DWI charge on your own--your ability to drive is on the line, your freedom is on the line, and your future is on the line.
Doug Murphy is proud to have established a reputation of fierce, persuasive DWI representation in Houston. Don't wait until it is too late to get the representation you need--to speak with Doug Murphy about your charge, fill out an online case evaluation form or call (713) 229-8333 today.