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How a Criminal Defense Lawyer Can Help After a San Antonio DWI Arrest

April 21, 2020

Boerne DWI Defense Lawyers

A DWI conviction in Texas can severely impact your life, including your ability to get the job you want and secure financial loans. Even a first-time DWI leaves a significant stain upon your criminal record, along with the potential for up to six months in jail, a two-year driver’s license suspension, $2,000 in fines, and more. Possible penalties escalate substantially if you are arrested for multiple DWIs.

Regardless of your criminal history, you have rights under Texas and federal law. If you believe the police violated your rights, an experienced criminal defense attorney can conduct a full investigation of your case to find out for sure. They can also determine if law enforcement officers failed in any of their other duties during your arrest.

Here are just some of the numerous things a skilled lawyer will assess when crafting a defense strategy to achieve the best possible result in your DWI case:

Unlawful Traffic Stop

A police officer cannot pull you over without justification. That does not include being at the “wrong place at the wrong time,” like leaving a bar late at night. Officers often target drivers who have not committed a moving violation and follow them until the slightest mistake occurs. This is not a lawful procedure. An illegal stop can defeat the entire DWI arrest. In fact one of the most common reasons for a DWI dismissal is the court finding the arresting officer made an illegal traffic stop.

Unreasonable Field Sobriety Testing

While standardized field sobriety tests can identify signs of intoxication, they are not infallible, and they can be an unfair method of detection for individuals with significant injuries and disabilities. They can also be proven invalid if road or weather conditions impact a person’s ability to successfully complete the tests. These tests are highly subjecting and need to be preformed in an exact way or else they can be thrown out of court.

Texas 15-minute Waiting Period

Police must monitor you for at least 15 minutes prior to administering a blood-alcohol concentration (BAC) test. This is to ensure there is no residual alcohol in a suspect’s mouth at the time of the test. Officers often forget to wait and the failure to adhere to this can be grounds for dismissal.

Contact a DWI/DUI Lawyer

At BCP Criminal Defense, we fight for the rights and futures of those charged with DWI, including those whose arrest resulted from improper police activity. We will examine all evidence related to your case, including squad car and police station video, and your arrest report. We will also assess the legitimacy of your field sobriety and BAC testing. For help, and aggressive legal representation in your DWI case, contact a 24/7 San Antonio Criminal Defense Attorney today at 830-331-9955.

Sources:

https://www.uscourts.gov/sites/default/files/rights-police-stops.pdf

https://www.nbc29.com/story/23957865/passing-a-field-sobriety-test-difficult-drunk-or-sober

https://www.dps.texas.gov/CrimeLaboratory/documents/BATOperatorManualRvsd.pdf

Attorney Profiles

Monica R. Khirallah

Daniel J. Rodriguez

For a Free No-Obligation Consultation, call us at (830) 331-9955.

Areas of Practice:

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Criminal Defense

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DWI/DUI

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Drug Crimes

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Domestic Violence

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Sex Crimes

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Gun and Weapons Crimes

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Assault and Battery

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Homicide

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Theft

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Parole & Probation

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Juvenile Law

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Expunctions and Non-Disclosures

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