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Can You Fight a DWI Charge in Dallas / Fort Worth TX?

Posted by Carl Ceder | Apr 30, 2020 | 0 Comments

A DWI case in Dallas and Fort Worth has the potential to cause great havoc to a person's life, even if it's a first-time DWI in Dallas/Fort Worth metro area. The unfortunate thing about DWIs is the stigma the offense carries and that causes some people to react before they should. They think: I'll be convicted anyway, so plead guilty and get it all over so that I can get back to my life. The problem is this: once you plead guilty – whether it's at the arraignment or by plea bargaining – you lose your right to fight the charges, plus, you will likely end up with a criminal record that can harm you in ways you never intended, like:

  • making it difficult to keep or get a professional license; 
  • making it difficult to keep or find employment;
  • losing your driving privileges for a longer period of time; 
  • having your auto insurance premiums increase; and 
  • more.

For some of you, though, under Texas's relatively new law, you may qualify for expungement. But expungement is a lengthy process that has a waiting period, so you'll still feel the impact of a DWI conviction. For others of you, you may not qualify for expungement, and that first-time DWI now acts as a prior DWI conviction in the case you are arrested for the same again. Prior offenses in Texas mean harsher penalties and almost guaranteed time behind bars.

So, with all that said, is it thinkable to fight a DWI charge?

It is. And here's why.

Why Fight a DWI Charge in Dallas / Fort Worth TX?

You should fight a DWI charge in Dallas / Fort Worth for two main reasons:

  1. As above mentioned, there are serious collateral consequences attached to a DWI conviction that are in addition to the sentencing you may receive and which may have a long-lasting impact on the quality of your life; and 
  2. You can – DWI charges are defensible.

With regard to the last point – i.e., DWI charges are defensible – this is true for many reasons, but of course it all depends on the facts and circumstances surrounding the DWI case. You and your attorney can use a number of defenses and defense strategies to fight the charges so long as they are relevant. Some such strategies include:

  • challenging the traffic stop – a police officer cannot pull you over for a traffic stop without reasonable suspicion you committed a traffic violation or another crime and to do so means the evidence flowing from the traffic stop can be suppressed via a Motion to Suppress;
  • challenging field sobriety tests – these tests must be administered properly but are also notoriously unscientific and riddled with errors, so challenging the results can be successful;
  • challenging breath tests – breath tests can be challenged for many reasons, like failure to calibrate the machines, failure to administer the test properly, inaccurate results;
  • challenging blood tests – blood tests can be challenged for many reasons, like improper handling of the specimen, failure to properly upkeep the machines, gaps in the chain of custody, test results especially considering the time between the arrest the taking of the blood sample;
  • filing motions to suppress evidence because constitutional rights have been challenged, like improper searches and seizures, failure to read Miranda rights, and lack of probable cause to make an arrest.

There are more ways to fight DWI charges, too. It's best to speak to an experienced DWI defense attorney to see what a viable defense strategy in your situation could look like.

Who Should Fight a DWI Charge in Dallas / Fort Worth TX?

Anyone charged with a DWI should fight it. Of course, some won't. It's your prerogative. But if you are worried not just about the sentence but your future generally, fighting the charge is your best means to avoid collateral consequences. Contact Carl David Ceder today to learn more.

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