Although drunk driving is one of the most common offenses in the United States, it still carries potentially life-changing penalties. Unfortunately, honest people make mistakes, and just one beer too many can land you in jail.
A DWI charge is not a guaranteed conviction, though. Depending on the circumstances, there may be a defense that could reduce the penalties or even convince the court to dismiss the case.
If you are facing charges for drunk driving and would like to speak with a DWI attorney in Dallas, contact the Law Offices of Robert Gregg today for a free consultation at (214) 891-7536.
You should never take DWI charges lightly, and speaking with an attorney can help you determine the best course of action for your particular case. Read on for more information about fighting DWI charges:
What is the legal definition of “driving while intoxicated?”
According to the Texas Department of Motor Vehicles, a blood alcohol content of 0.08 or higher is above the legal limit for drivers who are at least 21 years old. The legal limit for commercial drivers is 0.04 percent.
Any detectable amount of alcohol in a driver under the age of 21 is enough for a DWI charge. Aggravated DWI charges can result in cases with a BAC of more than 0.15.
Regardless of what you may have heard, there is no way to fool a breathalyzer test, and denying to take one will result in an immediate suspension of your license until the case goes to court.
You should not rely on the “two-drink” rule to estimate how much alcohol it would take to get you to the legal limit. Everyone’s body reacts differently to alcohol, and estimating how much you can have before you will be too drunk to drive is often impossible.
Fighting a DWI Charge
There may be several defenses against a DWI charge, even if a police record shows that your BAC was above the legal limit. For example, it is possible that the officer did not calibrate the breathalyzer correctly before using it.
Also, roadside sobriety tests are highly subjective, and whether you pass or fail largely depends on the officer’s opinion. These tests do not provide concrete proof that you were intoxicated.
You should not merely assume that the state has enough evidence to convict you. Without diving into the details of your arrest, it is difficult to tell whether there is a sufficient case against you, and even when there is evidence, you can challenge it in court.
Many clients are surprised to learn of the various details that go into a DWI case, as well as how much work the state has to do to prove that they were illegally intoxicated at the time of their arrest. If you are facing DWI charges and would like to speak with a Dallas DWI lawyer, contact the Law Offices of Robert Gregg today at (214) 891-7536 to schedule a free consultation.