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Contesting a Texas DWI charge

When a McAllen area resident is pulled over the drunk driving, they can feel scared and uncertain about what the future holds. Texas takes drunk driving seriously and if a person is convicted of a DWI they can face serious penalties. But an attorney who specializes in criminal defense can offer their client many different defense strategies.

There are many ways in which an attorney can defend their client against a drunk driving charge. These may include:

  • Validity of field sobriety test: Many of the procedures that police officers use during a field sobriety test are not always accurate and may be successfully challenged in court.
  • Extenuating circumstances: There are circumstances that can affect sobriety tests including a defendant being more than 50 pounds overweight, past a certain age or having certain medical conditions.
  • Improperly administered field sobriety test: If a field sobriety test is improperly administered, it cannot be valid as evidence of a defendant’s intoxication.
  • Non-standard field sobriety tests: Tests that have a defendant count backwards, say the alphabet or touching their nose with their finger can be considered invalid.
  • Inaccurate breath test: Many alcohol breath tests have widely inaccurate results and a margin of error so large that it can be contested. IF the breath test was not properly administered, that can be challenged as well.
  • Lack of probably cause: A law enforcement officer must have probable cause to pull a driver over. If probable cause was not present the charge may be thrown out.

When a person is facing a drunk driving charge, they should know that the penalties can be severe. A legal professional who is skilled in criminal defense can help defend their client against these charges and protect their future.

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