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When faced with a DWI charge, defendants often assume a conviction is inevitable and might not consult an attorney before entering a guilty plea. While police and prosecutors are adept at building compelling DWI cases, a skilled criminal lawyer could mount an effective defense, depending on the circumstances of the case. Criminal law attorneys might employ a variety of strategies when representing their clients.

Challenging the State's Evidence

Although the results of a field sobriety test are not admissible in court, police officers use them as probable cause to order chemical testing. However, the field tests, which consist of asking defendants to perform tasks like reciting the alphabet backward or walking in a straight line, typically are not standardized. The results are highly subjective, rendering them vulnerable to challenges in court.

DWI New Braunfels TXA defense attorney also could dispute roadside breath test results, which are not admissible as evidence on their own. The devices used to conduct these tests often are inaccurate and drivers in some states are not required to take them. Even if a chemical test reveals a blood alcohol content higher than the legal limit, a criminal law attorney could question the result if there’s evidence it wasn’t conducted correctly.

Challenging Police Behavior

Mistakes and improper conduct by the arresting officers also can create opportunities for a successful DWI defense. For instance, if a driver is pulled over without probable cause, any evidence collected from the stop could be deemed inadmissible in court. If a defendant was not read their Miranda rights at the time of their arrest, they could use this as a defense against a DWI charge.

 

Ronald D. Zipp Attorney at Law in New Braunfels, TX, has over 40 years of experience protecting the rights of drivers facing DWI charges. Visit the law firm online to learn more about their criminal defense services and other practice areas, including family law and civil litigation. Call (830) 629-5600 to schedule a consultation and check their Google+ page for more insight into the legal system.

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