Challenging Evidence: Defenses To DWI Charges In Austin

A DWI arrest and charge does not necessarily mean a slam-dunk conviction by the prosecution. While prosecutors throughout the Austin metro take these charges seriously, there are defenses available to these charges to help you protect your rights in your case. Let’s take a closer look at some of the defenses that may be available to Austin DWI charges.

At Hildreth & Rueda, we represent people in Texas who are facing DWI charges. Call us at 512-415-7648 or contact us online for a free consultation.

Reviewing The Actions Of Police

As we discussed earlier, police need to have a reason to make a DWI stop. They must have reasonable suspicion to pull you over. Police can’t just decide to pull a vehicle over at random. Police need to see you doing something that potentially could be a violation of a law based on the factors present at the time. These observations can include:

• Traffic violations, like speeding, weaving and failing to signal lane changes. This includes nearly anything that would break a traffic law in the city/county/state. It can even include things like driving too slow.
• Reports from other motorists who see you engaging in reckless behavior while driving.
• Single-vehicle accidents or other crashes that lead to an officer showing up on the scene.
• “Erratic” behaviors when being followed by police

The point is that police have a lot of leeway when they decide whether or not to pull someone over. But that doesn’t mean that these actions will always be deemed constitutional by the courts. Our Austin DWI lawyers will meet with you to learn the factors and review the police reports on your stop. We will examine all of the evidence in your case to determine if we are able to contest the actions of the police before your DWI stop.

Equipment Used In The Investigation

Law enforcement agencies across Texas may use the Intoxilyzer 5000 machine, which measures a person’s breath for the presence of alcohol. Preliminary breath tests (PBTs) may be conducted in the field at the time of the stop, and if an arrest is made, police will submit the motorist to a more sophisticated test called an evidentiary blood test (EBTs.)

The machines used in these tests need to be maintained properly in order to provide valid results. Because of the upkeep required, it’s possible that the devices are not able to obtain accurate information. They are very fine-tuned instruments, and if there are concerns with calibration or other issues, it’s possible to challenge the evidence obtained from them. You need an Austin DWI attorney experienced with the operation of the machines to truly understand how to build a defense in these circumstances.

Evidence From The Surrounding Environment

Austin police are required to turn on their body cameras when initiating a traffic stop. They may also have dashboard cameras (or mobile cameras) mounted in their vehicles. They should be turned on to record the encounter with a motorist suspected of impairment. If arrested, you should be able to access these videos to determine if there is anything you can use from them to help establish your innocence. This can include reviewing the field sobriety tests that may have been conducted after the stop.

Additionally, it’s possible that you may also have a recording of the encounter. Whether that’s a cellphone video or your own dashcam, you may be able to show that there were no valid reasons for the traffic stop. You may also be able to show other evidence from the recordings, like perhaps other vehicles that fit the description that police were attempting to track. If you have any of this evidence, definitely bring it up with your DWI lawyer to help build your defense.

Possibility Of A Plea Deal

Prosecutors often seek strong penalties in Austin DWI cases, but that doesn’t mean things are going to end up in a conviction and the longest possible sentence automatically. In some circumstances, there may be evidence that you committed a crime, but they may not have the strongest possible evidence to obtain a conviction in their DWI case. Prosecutors may be willing to offer a lesser charge instead of DWI if warranted in certain situations.

It’s important to note that this isn’t just going to happen – that is, prosecutors won’t show up to jail the day after your arrest and offer you a deal that protects your best interests. You’ll need an experienced Austin DWI lawyer to fight for your future. An attorney experienced in DWI, as well as in the courts around the area, can help you understand what legitimate plea options may be available. You need someone who knows exactly how things work to be able to get through this in the way that best protects your interests.

Speak With Us In A Free Consultation

To set up your free initial consultation, please call 512-415-7648. You can send us an email if you prefer, and we will contact you shortly.

*This page has been reviewed by attorney Florencia Rueda, who has over 15 years of experience in criminal defense cases in Travis County and nearby communities.