Get The Customized Legal Defense You Need After A DWI Arrest
A run-in with the law resulting in drunk driving charges is not a hopeless situation. Fortunately, there are a number of ways to fight a DWI charge. An experienced DWI defense lawyer can help you pursue a defense strategy. Your goal will be to lessen the consequences or, if possible, avoid a conviction altogether. It is worth your efforts to do all you can to get back on a positive path after a DWI arrest. To maximize your chances of a good outcome, contact an attorney promptly.
Law Office of Alejandro Martinez, PLLC, in Austin is a valuable resource if you have been arrested in the area. As a former prosecutor, Mr. Martinez is prepared to position your case for success. Our law firm will work diligently in pursuit of the best results for you. We will keep you informed, guide you smoothly through each phase of your case and work closely with you to ensure all avenues to an intelligent defense are explored.
Effective Defense Strategies
Following are defense tactics that have helped other drivers achieve good case outcomes when they’ve been accused of drunk driving. Defense attorney Alejandro Martinez is ready to work with you to determine the best way to meet your DWI charges head-on — possibly in one of these ways:
- Unconstitutional traffic stop — Was a police officer unjustified in stopping you in traffic in the first place? For an officer to initiate a traffic stop, he must have reasonable suspicion that a traffic violation occurred. If it is found that no such reasonable suspicion existed, the traffic stop is considered unconstitutional and illegal. All evidence discovered in an illegal stop, including verbal admissions, field sobriety tests, and breath and blood tests, may be suppressed and ruled inadmissible at trial. You may walk away with no penalties if your defense lawyer persuades a prosecutor that your traffic stop was unconstitutional.
- Nonstandardized field sobriety tests — Did you submit to a field sobriety test during your traffic stop? Three standardized field sobriety tests are commonly used: the horizontal gaze nystagmus (a.k.a. HGN or the eye test), the walk-and-turn and the one-leg stand. These tests are standardized. They are meant to be administered in the same way, every time, to every individual. Any errors or mistakes in the way the test was instructed, demonstrated or delivered can potentially invalidate the results.
- Faulty or unreliable breath tests — Did your DWI arrest come after a breath test? Such tests are one of the most common ways to measure a person’s blood alcohol concentration (BAC). However, this type of test is susceptible to a variety of outside influences and therefore is not necessarily always accurate. Results may be influenced by improper administration by the police, instrument malfunction, physiological conditions such as acid reflux disease or even a person’s burping before the test. Police are required to monitor the accused for 15 minutes prior to administering the test to make sure stomach contents do not affect the test. If the police fail to do so, this omission may invalidate the reading.
Not every approach described here will apply to every arrest, but an experienced DWI attorney will know how to select and apply the right defenses to your specific situation.
Discuss How To Beat A DWI With An Experienced Attorney
The methods above are only a few of the ways to defend against a DWI charge. For best results in your case, work closely with a lawyer who can evaluate all known factors and devise the best approach accordingly.
Email Law Office of Alejandro Martinez, PLLC, or call 512-523-5720 to schedule a consultation with an experienced Austin criminal defense lawyer. Mr. Martinez is here to answer questions and determine the best strategy for you. Get your case underway as soon as possible.