Driving under the influence of alcohol or drugs is undoubtedly one of the most serious offenses in Texas.
If a person is caught driving under these conditions in Houston, Texas, it can lead to serious consequences such as very expensive fines, suspension of their license or even some time in prison.
That is why it is important to have a lawyer specialized in DUI-DWI defense in Houston, Texas; in order to mitigate the possible penalties you may face.
Here are some of the best defenses used by drivers in a positive DUI case.
Lack of probable cause
This is the most common and one of the first objections to a police stop, since officers must have probable cause to stop the driver.
If there is no real reason for the arrest (such as an infraction or suspicious behavior), it could be considered illegal and any evidence could be dismissed.
Failed breathalyzer test
Breathalyzer tests rely on a machine, and like any electronic device, they can malfunction.
The lawyer may therefore question the accuracy of the evidence by pointing out errors in its maintenance, as well as the reprehensible manipulation of the blood samples.
You should know that in Houston, in particular, the laws are strict, but there is also room to question the validity of the evidence.
Tests affected by external factors
Some diseases, such as diabetes, can cause false positive results. Certain foods or mouthwashes may also affect the results.
An experienced attorney could argue against such evidence and have it dismissed at trial.
Conduct of the agent or police officer
Any type of inappropriate behavior by law enforcement officers can be considered to allege excessive use of force, or violations of the driver’s constitutional rights.
Therefore, any evidence obtained under these circumstances, such as by coercion, could be thrown out at trial.
Insufficient evidence
In order to prove DUI, the prosecutor must prove beyond a reasonable doubt that the driver was under the influence at the time of driving.
The lawyer will be able to carefully review all the evidence, to take into account some bureaucratic aspects and thus reduce the impact of this evidence.
If the evidence collected is insufficient, the judge will most likely not be able to continue the trial.
The United States Department of Transportation itself has prepared a report on drunk driving laws, to understand a little more about the legal issues surrounding this violation.
Every state except Utah makes it a crime to drive with a blood alcohol concentration (BAC) of 0.08% or more. The Governors Highway Safety Association has created a map where you can click on any state in North America (in this case Texas) and find out exactly what state laws apply to drunk driving.
