Top 5 Defenses for DWI Charges in Galveston - Galveston DWI Attorney

Top 5 Defenses for DWI Charges in Galveston - Galveston DWI Attorney Brian Foley - Board Certified in Criminal Law.

Driving While Intoxicated (DWI) charges in Galveston can have serious repercussions on your life, from license suspension and fines to potential jail time. However, with the right legal defense, you might be able to mitigate or even dismiss these charges. Here are the top five defenses commonly employed by DWI lawyers in Galveston:

1. Challenging the Legality of the Traffic Stop

One of the primary defenses involves questioning whether the initial traffic stop was lawful. Police officers need "reasonable suspicion" to pull over a vehicle. If this suspicion was unfounded or if no traffic violation was observed, any evidence obtained post-stop could be deemed inadmissible. For example, if an officer pulled you over without witnessing a clear violation like speeding or a broken taillight, your attorney might argue that the stop was not legally justified, potentially leading to the suppression of all subsequent evidence.

2. Questioning the Accuracy of Breathalyzer Tests

Breathalyzer machines, while useful, are not infallible. There are numerous ways to challenge breath test results:

• Calibration Issues: Breathalyzers must be regularly calibrated to ensure accuracy. If calibration logs are incomplete or if the device was not properly maintained, the results could be contested.

• Mouth Alcohol: Alcohol in the mouth, perhaps from burping or recent use of mouthwash, can skew results, leading to false highs in BAC readings.

• Medical Conditions: Conditions like diabetes or acid reflux might produce false positives or inflated BAC readings.

A skilled Galveston DWI lawyer will delve into the specifics of how the test was administered, the machine's maintenance history, and the officer's training to challenge these results.

3. Contesting Field Sobriety Tests

Field sobriety tests (FSTs) such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus are subjective and can be influenced by many factors unrelated to alcohol consumption:

• Environmental Conditions: Poor weather, uneven ground, or even the stress of being stopped might affect performance.

• Physical or Medical Conditions: Injuries, inner ear problems, or neurological conditions can mimic signs of intoxication.

By highlighting these factors, an attorney can argue that the performance on these tests does not necessarily indicate intoxication.

4. Rising Blood Alcohol Defense

This defense is predicated on the notion that your BAC was below the legal limit at the time of driving but rose to above the limit by the time testing occurred. Alcohol absorption can continue for hours after consumption, meaning if you were tested long after your last drink, your BAC might have been legally acceptable when you were driving. Expert testimony can be crucial in explaining this phenomenon to a jury or judge.

5. Negotiation

Your attorney can negotiate with the prosecution on your behalf and get a better result than you might think:

• Reduction of punishment: Your case, depending on the facts, could be eligible to receive a punishment with no jail time and no probation. Often times we are able to negotiate an agreement that results only in the payment of a fine. There may be driver's license consequences with this type of plea bargain.

• Pre-Trial Diversion: A PTD could be a good outcome in cases where the client wants to be sure to get the case dismissed and doesn't want to risk a trial. A PTD is basically a probation that ends with a dismissal and can be expunged entirely from your criminal record.

• Deferred Adjudication Probation: You may be able to avoid a "conviction" and a driver's license suspension by completing a deferred adjudication probation which technically ends without a conviction but can be used to enhance future offenses to DWI 2nd or 3rd offenses. Its much better to get a PTD but these are more difficult to get from the State.