Houston DWI Defense Lawyer

Common DWI defense tactics include:

• Improper or illegal stop. The first piece of the DWI puzzle to deal with is discovering the reason for the stop itself. If the officer didn’t have a legal reason (known as “probably cause”) to make contact with a driver, then whatever happened during the traffic stop isn’t admissible in court.
• Not legally intoxicated. The most essential part of the state’s case is showing that you were legally impaired from drinking alcohol or consuming drugs, and that you were unable to safely operate your vehicle. It’s not enough to merely show that a driver was drinking and driving. While not recommended, as long as your blood alcohol level (BAC) was under the legal limit of .08% and you were at least 21 years old, it’s technically not unlawful in Texas to drive after drinking.
• Challenging test results. Matt Sharp can successfully challenge the officer’s observations and field sobriety interpretations if they weren’t conducted properly. You may have also submitted to a state administered test of your blood, breath, or urine. We can effectively challenge whether the appropriate test, with proper equipment, was given by personnel who were trained correctly.
• No Miranda warning. Officers are supposed to give Miranda warnings prior to arresting someone for DWI or questioning a suspect who’s in police custody. Failing to do so can result in any incriminating testimony or evidence you unintentionally gave police being ruled inadmissible in court.
• Alternative reasons for behavior. Your defense attorney may be able to prove how certain health or medical conditions, or other contributing factors, might explain your behavior or appearance. For instance, perhaps a lack of sleep can account for your bloodshot eyes and seemingly strange behavior. Or maybe the field sobriety test registered food you recently ate or non-impairing medications.