The Process of Fighting Galveston DWI Cases: Insights from Galveston DWI Lawyers
When facing a DWI (Driving While Intoxicated) charge in Galveston, Texas, the stakes are high. A conviction can lead to severe penalties, including jail time, fines, and a suspended driver’s license. At Galveston Criminal Defense and DWI Attorneys PLLC, we understand the complexities of these cases. As former prosecutors and members of the vehicular crimes team specializing in DWI cases, my partner Luis Baez and I, Brian Foley, bring a unique perspective to defending our clients. In this blog post, we’ll walk you through the process of fighting a Galveston DWI case, starting with the critical first step: challenging the traffic stop.
The Start of Galveston DWI Investigations: Challenging the Traffic Stop
Every DWI case begins with a traffic stop, and as experienced Galveston DWI lawyers, we know this is where the defense often starts. Law enforcement must have reasonable suspicion to pull you over. Without it, any evidence collected—like field sobriety test results or breathalyzer readings—could be deemed inadmissible in court. Let’s break down what reasonable suspicion means and how we challenge it.
Reasonable Suspicion for Galveston DWI Charges
In Texas, reasonable suspicion requires an officer to have a reasonable belief, based on their training and experience, that you’ve been involved in criminal activity. Common traffic violations that may justify a stop include:
Speeding: Exceeding the speed limit or driving unsafely for conditions.
Running Red Lights or Stop Signs: Failing to stop completely.
Expired Registration: Not displaying a valid registration sticker.
No or Unconfirmed Insurance: Even if you have insurance, an unconfirmed status in the system can prompt a stop.
Reckless Driving: Swerving, tailgating, or aggressive driving.
Equipment Violations: Broken headlights, taillights, or even a non-working license plate light.
One frequent reason for a stop in Galveston DWI cases is failure to maintain a single lane. Officers may claim you were weaving or drifting, but we often challenge this. For instance, in State v. Hardin (Tex. Crim. App. 2022), the court ruled that failing to stay in a single lane isn’t enough—movement must also be unsafe. If you were adjusting for road conditions or avoiding an obstacle, we can argue there’s no reasonable suspicion. As former prosecutors, Luis Baez and I know how to dissect an officer’s justification and protect your rights.
Field Sobriety Testing in Galveston DWI Cases
If an officer suspects intoxication after the stop, they’ll likely ask you to perform field sobriety tests (FSTs). These include:
Horizontal Gaze Nystagmus (HGN): The officer checks for involuntary eye jerking, which can indicate impairment.
Walk-and-Turn (WAT): A nine-step heel-to-toe walk to test balance and coordination.
One-Leg Stand (OLS): Standing on one leg while counting aloud to assess stability.
Officers look for clues like swaying, stepping off the line, or using arms for balance. But these tests aren’t foolproof—fatigue, nerves, or medical conditions can mimic impairment. At Galveston Criminal Defense and DWI Attorneys PLLC, we scrutinize how these tests were administered. Were instructions clear? Were conditions fair? Our prosecutorial experience gives us an edge in spotting flaws.
Can You Refuse Field Sobriety Tests in Galveston?
Yes, you can refuse FSTs without a lawyer present—it’s your right. However, Texas courts, like in Barraza v. State (1987), allow juries to consider refusal as evidence of guilt. Refusing might lead to arrest if the officer smells alcohol, but it also limits the evidence against you. As your Galveston DWI lawyers, we can argue that refusal doesn’t prove intoxication—only that you exercised your rights.
What If Police Can’t Prove You Were Driving?
To convict you of DWI, the state must prove you “operated” a vehicle while intoxicated. But what if no one saw you drive? In Nieschwietz v. State (2006), the court upheld a conviction based on the defendant’s admission and proximity to his vehicle. Even in Anderson v. State (2016), a defendant asleep in a parked car with the engine running was deemed to be “operating” it. We challenge these assumptions—ownership or presence isn’t enough without clear proof of operation.
Portable Breath Tests: Know the Difference
Officers may offer a portable breath test (PBT) roadside. Unlike the Intoxilyzer 9000 at the jail, PBT results aren’t admissible to prove alcohol concentration—only to detect alcohol’s presence. There’s little upside to taking a PBT if you’ve had any alcohol; it’s imprecise and can sway an officer to arrest you. We advise against it and focus on admissible evidence instead.
Driver’s License Hearings: A Dual Battle
A DWI triggers two fights: the criminal case with the Galveston County DA and a driver’s license case with the Texas Department of Public Safety (DPS). Losing the latter means suspension, even if you beat the criminal charge. We handle both, ensuring your driving privileges are protected.
Why Choose Galveston Criminal Defense and DWI Attorneys PLLC?
Facing a DWI charge in Galveston is daunting, but you don’t have to go it alone. Luis Baez and I leverage our experience as former prosecutors and vehicular crimes team members to build a robust defense. From challenging the traffic stop to dissecting field sobriety tests, we leave no stone unturned.
Contact us today at (409) 877-4909 or visit us at 622 22nd Street, Galveston, Texas 77550. Let Galveston Criminal Defense and DWI Attorneys PLLC fight for you.
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