If you're charged with DWI in Texas, you may already know that the consequences are steep. However, you can fight a DWI. The things that you do immediately after your arrest and during your legal proceedings can make it easier to fight your DWI. Here are eight tips to make your Texas DWI arrest easier to fight from the Austin criminal defense team at the Smith & Vinson Law Firm.
1. Refuse the Chemical Test
In nearly all DWI cases, you're offered a chemical breath or blood test. The results are often more accurate than those obtained from a roadside breath test, making them harder to challenge in court. Although implied consent laws say that you have agreed to be subject to chemical DWI testing, you can refuse. You should politely decline to participate in a chemical test, as it could incriminate you later. A refusal may mean an administrative suspension of your driver's license, but it could also mean the difference between a criminal conviction and your freedom.
The Implications of Refusal
While refusing the chemical test can protect you from immediate self-incrimination, it's essential to understand the consequences. Refusal typically leads to an automatic suspension of your driver's license. However, this administrative penalty is often easier to contest than a DWI conviction. An experienced attorney can help you navigate the administrative hearing process to restore your driving privileges.
2. Get Started Working on Your Case Right Away
Timelines to fight your DWI are strict. You might appear before a judge in only a few hours or days after the arrest. In addition, if you want to contest the administrative suspension of your license for refusing a chemical test, you have only 15 days from the date of the arrest. Time lost is case lost. You must work quickly to locate witnesses, secure evidence, and build a strong defense. The sooner you get started, the easier it is to fight your DWI charges.
- Contact an Attorney: Reach out to a skilled DWI defense attorney as soon as possible.
- Document Everything: Write down everything you remember about the arrest, including the time, location, and interaction with the police.
- Collect Evidence: Gather any physical evidence, such as receipts, witness statements, or surveillance footage that can support your case.
3. Request All of the Evidence
Discovery is an essential part of any DWI case. You have a right to know the evidence against you. However, the district attorney isn't just going to volunteer information. There are several ways that you can gather evidence, including serving a discovery demand on the district attorney and bringing Freedom of Information Act requests to law enforcement agencies. Gathering the evidence can help you learn where the state's case is weak so that you can fight your DWI.
Types of Evidence
- Police Reports: Obtain detailed reports from the arresting officers.
- Dashcam and Bodycam Footage: These recordings can provide critical insights into your arrest.
- Breathalyzer Calibration Records: Ensure the device was properly maintained and calibrated.
4. Talk to the Witnesses
The district attorney should give you a copy of the police report upon your request. That report should be just the start of your investigation. Of course, the police want to prove their case. For that reason, their police report may only state things that are favorable to them. In addition, you can't count on the police to ask questions to help your defense. Conducting your own investigation by talking to witnesses yourself is an important part of fighting your case.
- Identify Witnesses: Find people who were present at the time of your arrest or who can testify to your sobriety before the incident.
- Interview Witnesses: Get detailed statements from witnesses that can corroborate your version of events.
- Prepare Witnesses: Ensure they understand the legal process and what to expect if called to testify.
5. Understand the Chemical Test
A chemical test is only good if it's conducted properly. For a breath test machine, there may be logs that the police keep that indicate whether the police have taken the necessary steps to calibrate the machine. In addition, there are protocols that the police should follow when they give the test. You can make your DWI arrest easier to fight by learning about chemical testing procedures and seeing if the police failed to follow them.
- Calibration Logs: Check if the breathalyzer was properly calibrated and maintained.
- Officer Training: Verify that the officer administering the test was properly trained and certified.
- Testing Protocols: Ensure that the test was conducted according to legal protocols, including observing you for the required period before testing.
6. Review Field Sobriety Protocols
Just like there are rules for chemical testing, there are also rules for giving field sobriety tests. Only certain types of tests are standardized. The police have to give the test in a certain way. It's easier to fight your DWI test when you know what to look for in the police DWI field sobriety tests.
- Horizontal Gaze Nystagmus (HGN): The officer observes your eye movements.
- Walk-and-Turn: The officer watches you walk in a straight line, turn, and walk back.
- One-Leg Stand: The officer asks you to stand on one leg for a specific period.
Reviewing the Tests
- Correct Procedures: Ensure the officer administered the tests correctly.
- Environmental Factors: Consider if external factors like poor lighting or uneven surfaces could have affected your performance.
- Physical Condition: Evaluate if medical conditions or physical impairments could have impacted your ability to perform the tests.
7. Comply With Bond Conditions
The court may give you conditions to follow while you're on bond. Follow those conditions. If you don't follow your bond conditions, you may find yourself back in jail. If you're back in jail, you can't be working on building your case. Always comply with your bond conditions so that you can work on your case. Typical bond conditions include:
- Travel Restrictions: You may need to stay within a certain geographic area.
- Regular Check-ins: You might have to regularly report to a bail officer or court.
- Avoid Alcohol: You may be required to abstain from alcohol and submit to random tests.
8. Believe That You Can Fight Your Case
Don't let the police make you believe that the case against you is all sewn up. It's the jury that decides whether to convict you. Ultimately, the opinion of the police is just an opinion. Begin with the mindset that you can fight your DWI case.
- Stay Informed: Educate yourself about your rights and the legal process.
- Be Proactive: Take an active role in your defense and work closely with your attorney.
- Stay Optimistic: Maintain a positive attitude and believe in the possibility of a favorable outcome.
Work With Our Austin Criminal Defense Team
An experienced Austin criminal defense team can help you make your Texas DWI arrest easier to fight. We know how to fight a DWI charge aggressively.
Call Smith & Vinson Law Firm today at (512) 359-3743 to learn more about how we can help protect your rights and your future.