Texas courts have little patience for intoxicated drivers. According to the Texas Department of Transportation, more than 3,000 people died in 2011 alone due to accidents involving alcohol or drugs. These statistics make up a significant portion of all road fatalities, which is why law enforcement is cracking down on drunk and drugged driving.
Driving while intoxicated is a serious offense in the state of Texas. If you are facing DWI charges, it is important that you take the necessary steps to defend your interests. Call a DUI lawyer from the Law Offices of Robert Gregg today at (214) 891-7536 to learn your options.
Here are five common defenses for charges of intoxicated driving:
- DWI under Duress
Texas courts recognize that there are times when defendants may have driven under the influence because someone forced them to do so. If you had no option but to climb behind the wheel, this defense may work for you provided someone was threatening you at the time. If you can prove that you were in genuine fear for your life, you may be able to use this defense.
- DWI out of Necessity
As with duress, intoxicated driving out of sheer necessity is also a recognized defense. In the majority of these cases, defendants had to drive a relative or friend to the emergency room after repeated attempts to help them failed. In order for this defense to work, you have to prove that you had no other option, including no time to wait for a paramedic and no one else who could drive.
- DWI Was a Mistake
This defense is frequently difficult to prove. If you honestly do not believe that you were drunk at the time of arrest, you could claim mistake of fact; however, your blood alcohol level will likely disprove this claim. You would need extensive evidence to justify this defense.
- DWI Was Entrapment
Entrapment occurs when police officers deliberately trick people into doing something illegal to boost their arrest and conviction rates. If an officer said you were okay to drive home, for example, and then arrested you around the corner, you could claim entrapment. You will need to provide conclusive evidence of the officer’s actions, though, and show that under normal circumstances, you would not have gotten behind the wheel.
- DWI Due to Involuntary Intoxication or Spiked Drinks
You can argue involuntary intoxication if you were genuinely unaware that you were drinking alcohol before driving. This defense is most valid when defendants are the victims of spiked drinks, but it can also work effectively if you thought you were drinking non-alcoholic punch at a party, for example. A DUI attorney in Dallas may have some advice for gathering sufficient evidence to prove this claim.
The judicial system may seem overwhelming, but you do not have to face it alone when you are up against DWI charges. The Law Offices of Robert Gregg can help you fight these charges and may be able to argue for reduced penalties. Call (214) 891-7536 today for more information.