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Beating A DWI: Your Get-Out-Of-Jail-Free Card

Usually when drivers are arrested for a DWI, they have two basic questions. Am I going to lose my license? And how much money is this going to cost me? However, the real issue in fighting a DWI case is not the situation with the person drinking alcohol, but whether the prosecution can prove that the arrest truly was valid.

For instance, often there is an innocent reason for irregular driving, such as being tired or sick or otherwise distracted. Evidence of erratic driving might be contradicted by the review of a video which shows no real signs of a driver being under the influence of substances. If you have been arrested, it is comforting to know that there are technicalities that a DWI attorney can use to help you.

Penalties for Drunk Driving

There were over 24,000 DWI crashes in Texas in 2019. Drivers accused of driving drunk face both civil and criminal penalties. Civil penalties for the state of Texas are outlined here, and include the following:

  • Maximum $2,000 fine and license suspension for up to one year for a first offense
  • Maximum $4,000 fine and license suspension for up to two years for a second offense
  • Maximum $10,000 fine and license suspension for up to two years for a third offense

Criminal penalties vary and are less severe for first-time offenders. If it is your first offense, you may receive 180 days in jail. For a second offense, you may spend as much as a year in jail. Repeat offenders are considered felons and may have to spend up to 10 years in prison.

Hiring a lawyer to fight your case is crucial, considering the potential financial devastation and ruinous effects to reputation following a DWI conviction.

Proven Ways to Beat a DWI

While there is no strategy that works 100% of the time and the approach may vary according to your unique situation, there are tried-and-true tactics that your lawyer can employ. One of them is investigating the circumstances of your traffic stop.

If you were stopped during a checkpoint, and the officer asks inappropriate questions that you were under no obligation to answer, that may be grounds for the case to be dismissed. You do not have to let the officer know where you’re coming from, even if you were at a bar or restaurant that serves alcohol, nor do you have to admit to how many alcoholic drinks you have consumed.

Your lawyer can also question the reliability of sobriety tests. There are three types of DWI field sobriety tests, including standing on one leg, walking and turning, and the horizontal gaze nystagmus test. Failing to pass any of these may result in the officer asking for a breathalyzer, urine, or blood sample. Problem is, these initial roadside field sobriety tests are known for being inaccurate, which can work in your favor.

Miranda rights can also be called into question. Every citizen must have their rights read to them after being detained. Without this verbal warning, anything the suspected drunk driver says or does cannot be used in court. Even if you admit to the officer that you have been drinking, a skilled lawyer may disqualify this information if Miranda rules weren’t strictly adhered to.

There are many other ways to defend a DWI charge and some of them are quite technical, so we are unable to cover them here. But rest assured if you find yourself facing a DWI conviction, there is a lot your lawyer can do to help you beat the charge.


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Beating A DWI: Your Get-Out-Of-Jail-Free Card

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