Skip to Content

Possible Defenses to Dwi Charges in Texas


When the police arrest you for supposed drunk driving, it may feel like the end of the world. Questions may swarm your mind: Will you lose your driving privileges? Will you have to spend any time in jail? How much will the fines cost? How will you tell your loved ones what happened?

Another question you may consider is if it is best to plead guilty, especially if you feel the evidence against you is significant and condemning. However, despite your circumstances, defenses for your DWI case are possible.

No probable cause

Did the police originally pull you over for a different traffic violation and then move to DWI charges? Perhaps the stop was unjustified in the first place. The officer may have been lacking sufficient probable cause to arrest you for driving while intoxicated, as well. Proving there was no reason for the stop and/or arrest can greatly help your case.

Inaccurate tests

When the police pull you over, the officer may ask you to step out of the car to take a field sobriety test. The purpose of this test is to discover impairment from alcohol consumption (or other drugs). The test is not mandatory, but you may have not known that and agreed to cooperate. Your results are not proof of guilt. Numerous factors contribute to inaccuracies, such as your physical health and your surroundings. The officer may not have proper training on giving the test and interpreting movements.

Errors in procedure

There are many steps to follow under the law no matter the type of case. If the prosecution makes any mistakes along the way, they can work in your favor. For example, maybe the acquisition of evidence was illegal, or the lab did not handle your blood test correctly. Adhering to procedure is necessary to protect both parties, so when the other party fails to do that, you can exert your rights to ensure a fair outcome.