Defenses Used in DWI Cases

If you’re facing charges for drunk driving, it doesn’t automatically mean you’ll be convicted. The state’s DUI laws are quite complex, and numerous rules may affect your case’s outcome. Below, you’ll learn about some of the defenses your DWI defense attorney in San Antonio may use.

Breath Test Inaccuracy

Breath tests are well-known for giving inaccurate positive results. These false results may be due to factors such as health conditions, your diet, and your consumption of other alcohol-containing substances. External factors such as room temperature may also cause false positives.

Improper Procedure

To ensure the accuracy of breath testing, strict procedures must be followed. If they’re not, your DWI defense attorney in San Antonio may argue that the reading is false. Procedural errors may include:

   * Improper breathalyzer calibration
   * Lack of officer training
   * Not being tested within two hours of driving

Lack of Probable Cause

Before you are pulled over on suspicion of DWI or required to take a chemical test, officers must have probable cause to make the stop. When an officer has probable cause, they have a reasonable belief that you’re doing something criminal. Without it, they can’t build a case, and any evidence they gather will be disallowed in court.

Not Hearing Your Miranda Rights Warning

Miranda rights have a crucial role in the legal process. When you’re arrested for DWI, the officer must read you your rights. If they don’t, anything you say afterward will be excluded in court. However, anything you say before you’re read your rights may be used against you.

Call Today

If you’re facing DWI charges, it’s important to think about possible defenses. While we’ve explained some of the most common drunk driving defenses here, it’s always best to consult a DWI defense attorney in San Antonio to explore your options. Contact Law Office of Jesse Hernandez to schedule a consultation.

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