Driving while intoxicated by alcohol or drugs is undoubtedly one of the most serious offenses you can face. Aside from the possible lengthy jail times and fines, a conviction for an offense that involves driving with alcohol or drugs in your system can significantly impact several aspects of your life, including your relationships and professional life.

One of the easiest ways to avoid driving while intoxicated (DWI) charges and associated penalties is to avoid operating a vehicle while having drugs or alcohol in your system. However, when you decide to drive while intoxicated and the police arrest you, you need to know what to do to fight the charges.

The best way to fight a DWI charge is to understand your legal options and be ready to provide strong defenses in court. You are in the right place if you wonder or are curious about which approaches or defenses you can use to challenge a DWI charge.

DWI at a Glance

The offense of driving while intoxicated is abbreviated as “DWI.” You commit a DWI offense when you drive while intoxicated by drugs or alcohol, which means you do not have the mental and physical capacity to operate the vehicle as a sober and cautious driver would under similar circumstances.

Unfortunately, there are several alcohol-related charges the prosecutor can file against you if you are under arrest as a suspect in a DWI case. Examples of these offenses include the following:

  • Driving while intoxicated
  • Intoxication manslaughter
  • Intoxication assault
  • Boating while intoxicated
  • Driving while intoxicated with a child passenger

Even if you are a first-time offender, these violations are serious and could carry a lengthy jail time and steep fine upon a conviction. Under any circumstance, you should avoid dealing with police officers, prosecutors, and judges without the legal representation of a skilled and seasoned defense attorney who understands how local courts handle DWI cases.

Pullover Tips That Could Help You Challenge a DWI Offense in Court

While a DWI arrest could occur anywhere on the road, it is more likely to happen at a sobriety or DWI checkpoint. As the name implies, a DWI checkpoint is a strategic location on the road where police officers conduct sobriety checks on motorists they believe could be operating a vehicle while intoxicated by drugs or alcohol.

While police officers can set up a sobriety checkpoint on the road any day of the week, they are common occurrences on our roadways, especially on holidays and weekends when motorists are more prone to driving while intoxicated.

When a uniformed officer signals you to stop at a DWI checkpoint for a quick DWI investigation, what you will do afterward can significantly impact the outcome of your case. Below are pullover tips that could work in your favor to increase your chances of challenging a DWI charge in case of an arrest:

Blow the Breathalyzer

After selecting your car to stop for a quick DWI investigation, the officers will ask you to blow a breathalyzer when they suspect that you could be intoxicated. A breathalyzer is an electronic device that the police use to measure your blood alcohol concentration level using your breath vapor.

Since this test is prone to several inaccuracy issues that can affect its reliability when used as evidence in the alleged offense, a reliable attorney will recommend blowing a breathalyzer when you stop for a DWI investigation.

However, upon an arrest for an alleged DWI offense, refusing a chemical blood or breath test is advisable because these tests are more accurate than the roadside breath test, making them difficult to challenge in court. Although implied consent laws require you to consent to a chemical test upon an arrest, you can politely decline them because the results can incriminate you.

However, this decision will attract some penalties, including the administrative suspension of your driver's license by the Department of Motor Vehicles (DMV). However, losing your driving privileges is better than receiving a conviction for a DWI offense, which can attract life-changing penalties.

Be on Your Best Behavior and Pull Over Cautiously

A law enforcement officer will need only reasonable suspicion to stop you for a brief DWI investigation. However, for an arrest, he/she will need probable cause, a higher standard of proof than a reasonable suspicion. Therefore, you should not give him/her the probable cause to initiate your arrest as a suspect in a DWI offense.

Even if you had a few bottles of an alcoholic beverage, you should do your best to appear utterly sober when dealing with the police after any traffic stop, even if it did not occur at a sobriety checkpoint. First, you should pull over the vehicle cautiously and place your hands where the officer can see them.

When the officer begins talking to you, you should speak soberly and avoid slurring your speech because it could give him/her a reason to suspect you are intoxicated. Also, you should remain calm and provide him/her with all the documentation he/she requests, including your driver's license.

Remain Silent

It is best to keep quiet after a pullover to prevent incriminating yourself, even if you are in a rush and are tempted to prove to the police that you are sober and can drive cautiously. You have a constitutional right to remain silent when dealing with any law enforcement officer, and you can invoke this right when they stop you for a DWI investigation.

When interacting with a police officer, you should understand that he/she is not your friend, regardless of how friendly he/she seems. The prosecutor can introduce any information you choose to confess or disclose to the officer as evidence at trial, reducing your odds of winning the case.

Know Your Dos and Don’ts

Aside from your constitutional right to stay silent, you must protect several other rights when interacting with a police officer. Also, there are several things you are legally obligated to do whenever you stop your car for a DWI investigation.

Knowing your rights and what you cannot refuse after a pullover is vital. For example, you do not have to agree to a warrantless search of your person or vehicle when the police ask you to stop for a DWI investigation. However, you must answer specific questions, like your name, and hand over particular documentation, including your license and auto insurance, upon request by the officer.

Understanding your dos and don'ts during interactions with officers could increase your odds of securing a favorable outcome on the alleged DWI offense.

Steps That You Can Take to Make Your DWI Arrest Easier to Fight

Unfortunately, after a traffic stop or pullover at a sobriety checkpoint, the police could arrest and detain you as an offender in a DWI case. When that happens, your steps can mean the difference between a conviction and dismissal of the alleged charge. Below are vital steps that can make the alleged DWI offense easier to fight in court:

  1. Begin Working on Your Case Immediately

The timelines for challenging the alleged DWI offense are strict, and you could appear before a judge in a few hours or days after your arrest. Additionally, to avoid the administrative suspension of your driver's license (DL) by the DMV, you will have only fifteen days from the date of your arrest to do so.

That means any time you waste after your arrest is a chance to prepare the best defenses to challenge the administrative suspension of your case and the alleged DWI offense for the best possible outcome. Therefore, you must act quickly to collect evidence that strengthens your case, including eyewitness testimonies, surveillance footage, and police reports.

  1. Contact a DWI Attorney

Navigating the legal justice system without an attorney is unwise if you are under arrest as an offender in a DWI case. While the court can appoint a public defender to offer you legal representation, you should hire a personal attorney as soon as possible following your arrest if you have the financial ability to do so.

If you do not have the financial ability to do so, the judge will appoint a public defender during the arraignment hearing to offer you legal representation in your case. However, if you are financially capable of hiring a personal defense attorney, you should look for a licensed, reputable, and experienced attorney.

An experienced attorney who has handled similar cases and understands how local prosecutors and judges handle DWI-related cases can increase your odds of securing a favorable outcome on the alleged DWI offense.

  1. Comply With the Conditions of Your Pretrial Release on Bail

During your first court hearing, also known as the arraignment or bail hearing, the judge could allow you to secure your freedom from jail on bail to await your case trial date at home with your loved ones. If you are an excellent candidate for pretrial release from jail on bail, you should comply with the court-set terms and conditions for your release.

Examples of these conditions include (but are not limited to) the following:

  • Agree to wear an electronic device before your case’s trial date
  • Agree to certain travel restrictions
  • Agree to regular check-ins with a court-appointed bail officer
  • Agree to stay alcohol-free

Most importantly, you should believe you can win the case after an arrest as a suspect in a DWI case. The arresting officers could make you believe that the alleged DWI case is all sewed up and challenging to fight. However, you should never believe that because it is up to the judge or jury to decide whether you are guilty of the alleged DWI offense.

Elements of a DWI Charge

If your DWI case reaches the trial stage of the criminal justice system, the prosecutor will bear the burden of proof. That means he/she must prove specific facts, also known as the elements of the crime, in front of a judge or jury to secure a DWI charge conviction against you.

Explained below are the elements of a DWI charge, which the prosecutor must prove beyond a reasonable doubt to secure a conviction against you:

You Were Driving

The first critical element the prosecutor must prove is that you were driving. The court cannot convict you for a DWI offense if you were not operating an automobile, including a car or motorbike, at the time of your arrest.

You Were in a Public Place

Another crucial element the prosecutor must prove is that you were driving the motor vehicle in a public place. A public place is typically any place a substantial group of people or the general public can access, including parking lots, highways, and streets.

It is worth noting that even private properties, like a store parking lot, could be considered public places by the court if they are accessible to a large group of people.

You Were Intoxicated

If you were not intoxicated, you cannot be guilty of a DWI offense. Therefore, the prosecutor must provide evidence to show the judge or jury that you were under the influence of drugs or alcohol at the time of your arrest. It is worth noting that drugs in this situation could include unlawful drugs and prescription drugs, like Vicodin and codeine.

Your Blood Alcohol Concentration (BAC) Level Was Above the Legal Limit

If your BAC level was at 0.08% or above, the prosecutor can argue that you were lawfully intoxicated. To support this argument, the prosecutor will present your BAC test results, including your breath, urine, and blood test results.

You Did Not Have the Physical and Mental Ability to Drive Your Vehicle Cautiously

Even if your BAC was below the legal threshold of 0.08%, the court could consider you intoxicated if the prosecutor can prove that you did not have the physical and mental capacity to drive a vehicle cautiously like a sober driver would under similar circumstances. The prosecutor will likely introduce your field sobriety tests (FST) results to support this legal argument. Examples of these FSTs include:

  • Walk-and-turn test — An officer observes your movement while walking on a straight, line forward and back
  • One-leg stand — An officer observes your physical balance while standing on one leg
  • Horizontal gaze nystagmus — An officer observes your eyes' movement

While these tests can indicate a person is physically incapable of driving due to alcohol intoxication, they are not 100% accurate, meaning a reliable attorney can challenge them to secure a favorable outcome.

Best Legal Defenses Your Defense Attorney Can Use to Challenge a DWI Charge

To win a DWI charge at trial requires aggressive and result-oriented legal representation. Once you contact an attorney, he/she will investigate your case to determine the best defenses that can work in your favor to secure a dismissal of the charge or a lighter sentence. Explained below are examples of legal defenses that could work in your favor to secure a desirable outcome:

  1. The Traffic Stop Was Illegal

Arguing that your traffic stop was illegal is one of the best and most effective ways to challenge a DWI charge. The police need a genuine reason or probable cause to select your vehicle to pull over for a DWI investigation. If the prosecutor cannot prove that the officer had a legitimate reason for selecting your vehicle, the court will consider any evidence obtained against you inadmissible and dismiss your case.

  1. The FST Results Were Inaccurate

As mentioned in the previous paragraph, your FST results could be inaccurate for various reasons. For example, your defense attorney can argue that the arresting officer did not give you proper instructions or the location of the test was not well-lit. If this defense argument works in your favor, the court will likely reduce or dismiss your DWI charge.

  1. The Breathalyzer Test Result Was Inaccurate

If the prosecutor relies on your breathalyzer test results to prove your BAC level was at 0.08% or higher, your DWI defense attorney can challenge this evidence by showing its unreliability. For example, he/she can argue that the breathalyzer device had mechanical issues that affected the accuracy of your test results.

  1. You Have a Medical Condition That Makes You Appear Intoxicated

The symptoms of some medical conditions can make you appear intoxicated. Examples of these medical conditions include hypoglycemia, diabetes, and specific neurological conditions. These health conditions could cause symptoms that mimic the objective signs of intoxication.

If you have a health condition that could explain your objective signs of intoxication or behavior after the traffic stop, the court could dismiss your case.

The specific legal defenses your attorney will prepare if you have DWI charges will depend on your case circumstances and facts. However, with proper and clear evidence, the above legal defenses could work to your advantage to secure a favorable verdict, including dismissal of your DWI charges or a lighter charge.

Find a DWI Defense Attorney Near Me

Being charged with a DWI offense could be stressful, but that does not mean a conviction is inevitable. With the legal assistance of a skilled and experienced attorney, you could secure a dismissal of the charge or another favorable verdict, including a reduced sentence.

At Fort Worth DWI Defense Lawyer, we are here to help if you or a loved one is under arrest or has pending DWI charges. We invite you to call us at 817-470-2128 to discuss your unique case with us for the aggressive legal representation you deserve to secure a desirable outcome.