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Getting arrested for a DWI must be a traumatic experience. First-time offenders, in particular, usually feel like they do not stand a chance of winning the case. Lucky for them, that is far from the truth. But how do you win a DWI case in Texas?
How to Win a DWI Case in Texas
Do Not Plead Guilty
A DWI case might seem obvious, especially if the offender is indeed guilty of the crime. In most cases, these people are also aware of what they have done, as well as that the evidence is against them.
Their speeding or failing to use a turn signal might be an indication to the police officers monitoring the traffic that something is off. Thus, the intoxicated driver usually gets pulled over and asked to step out of their vehicle.
The important thing in this situation is not to plead guilty. When a person admits to driving under the influence, they no longer have a way out. Instead, what they get is a criminal record that might cost them their career. Their driver's license also gets suspended, which is something no commuter wants.
Hire the Best DWI Lawyer Instead
A person charged with a DWI should contact their DUI attorney as soon as possible. That way, their situation is no longer as black-and-white as it might have seemed. Thanks to a DWI lawyer, their criminal case moves to court, where they now stand a chance of winning. If you want to know how long a DWI case takes in Texas, it will depend on how good the lawyer you hired is.
From this point on, the DWI offender's fate is entirely in the hands of their lawyer. Thus, one of the crucial steps in fighting a DWI case is always finding the right attorney. So, what should a person charged with this kind of offense look for in a criminal defense lawyer?
● Qualifications. Remember to hire a lawyer who, besides knowing the law, has practiced in the local courts in the area. Preferably, they should also be a member of NACDL, CDLA, or similar organizations. It would be best if they belonged to a prestigious corporation like the National College for DUI Defense.
● Commitment. Regardless of the level of expertise, a DWI lawyer should show high commitment to their case. They should try to understand what their client has gotten into and be willing to help them.
● Determination. A perfect DWI attorney also has a high reputation for fighting, and they often express unparalleled determination to win the case. Thus, look for the most well-known names in Texas legal circles, as they are typically the ones that will have the highest chances of winning.
● Experience. A good DWI attorney also knows the truth behind breath and blood tests. Such chemical tests are often unreliable, and the evidence they provide can sometimes be easily refuted. Thus, an experienced attorney will be on the lookout for imperfections in evidence-gathering tools.
Getting a DWI Dismissal in Texas
DWI case dismissals happen in courtrooms all across Texas. According to the Texas Department of Public Safety statistics, there were 89,583 DWI arrest cases in 2017. The truth is, only 1,892 of them ended in dismissals. Still, these numbers should in no way be discouraging.
When a DWI attorney knows how to challenge evidence, getting a dismissal is already halfway through. In other words, DWI case dismissals happen thanks to criminal defense lawyers with the above qualifications. To challenge evidence, a good attorney will try to discover if the police have followed all the right procedures. If not, the alleged offender could be looking at a reduction of charges or a total case dismissal.
Here is what a lawyer will be after in a DWI case:
● Did the police have evidence for pulling their client over and arresting them?
● If so, did they perform the breath alcohol test properly?
● Were the methods underlying field sobriety tests reliable and accurate enough?
● Were there any inconsistencies between the arresting officer's testimony and the police report?
● Is there a video recording of this event that would contradict the evidence?
● Did the police officer making the arrest read their client their Miranda rights?
● Did this situation in any way violate the constitutional rights of their client?
Final Remarks
The chances of winning a DWI case in Texas are always higher if the alleged offender hires a skilled attorney, such as the Sparks Law Firm. Besides expressing high determination to win, the perfect criminal defense lawyer will know how to challenge evidence. With their experience and commitment, the chances of winning a DWI case are much higher. So, anyone charged with driving under the influence should contact an attorney instead of pleading guilty to the crime.
For those who committed drunk driving for the first time, find out what happens on your first DWI in Texas.
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