If you are charged with DWI by Texas authorities, it doesn’t mean that you have committed a crime. There are several common mistakes that police make during traffic stops that may result in drivers being charged with this crime despite the fact that they haven’t violated the law.
Was there a reason to conduct a traffic stop?
If there was no valid reason to stop your vehicle, any evidence collected after you were pulled over may be suppressed. Examples of a valid reason to conduct a traffic stop include failing to obey a traffic signal or traveling faster than a posted speed limit. An officer generally cannot stop your vehicle simply because you were driving late at night or because you were in close proximity to a bar or liquor store.
Were sobriety tests conducted properly?
A Breathalyzer test that was conducted hours after your last drink may not yield an accurate result. The same may be true of such a test that was taken after you consumed a breath mint or large amounts of spicy food. If the officer who conducted the test was not properly trained to do so, it may be grounds to have it suppressed at a later date. This may be enough to have a drunk driving charge dropped or to create enough leverage to negotiate a favorable plea deal.
Individuals who are convicted of drunk or impaired driving may spend time in jail, pay a fine or lose their ability to operate a motor vehicle. Depending on the facts in your case, it may also be necessary to install an ignition interlock device in your car following a DWI conviction. Therefore, it is important to take action in an effort to have a DWI charge dropped or reduced.