Defenses To DWI | DWI Lawyer Denton TX | Richard C. McConathy
Every year, so many people are pulled over and arrested for DWI, but so few of them are aware of the many defenses that may be able to be used in a trial. If you have recently been arrested for a DWI in Denton or a DWI related offense, you must educate yourself on the efforts you can take to use legal defenses in your favor.
There are so many elements of a DWI charge that must be proven beyond a reasonable doubt by the prosecution if your case goes to trial. If you have an experienced Denton criminal defense lawyer working beside you, this is the time for you to present your defense and make efforts towards avoiding jail time, convictions, license suspensions, and other severe penalties.
If you have been arrested for DWI in Denton, Lewisville, Flower Mound, or any other surrounding area of Denton County, we understand what you're going through, and we’re ready to help. Like most individuals, you may be in literal shock over your DWI charge, but our team of lawyers is here to help you overcome this setback and reach a favorable outcome in court.
The Law Offices of Richard C. McConathy are experts in DWIs in Denton. If you’re worried about this accident discrediting your life’s work, we can help you solve your problems before it’s too late. With a litigation team that’s won awards and helped individuals in Denton, and surrounding areas, you can count on our team to boldly represent your name in a court to law each time we are called to do so.
● Actual Physical Control
● Errors in DWI Blood Tests
● Miranda Warnings
● Unlawful Stops / Probable Cause
To be arrested for a DWI, a law enforcement officer does not have to necessarily catch you driving your automobile. The Texas Penal Code § 49.04 states that it is an offense to operate a motor vehicle in public while intoxicated. However, even though you may not be driving, an officer may still have the legal right to deem you the operator of the vehicle if you have actual physical control.
The Texas Administrative Code § 159.3 (14) states that operating a vehicle could mean driving the vehicle, or it could mean simply have physical control and the capacity to drive the vehicle. If you are using this defense, the prosecution will typically have to prove that you had access to the keys, and the ability to start and operate the vehicle that you were occupying.
Though considered to be more accurate than other forms of DWI testing, DWI blood tests are still susceptible to human error. During the drawing and handling of the specimen, there are multiple opportunities for contamination and/or mishandling incidents to take place, potentially altering the BAC of the sample taken.
If you’ve taken a DWI blood test, your sample may not always be allowed to be considered evidence if it is considered tampered with. The prosecutors must be able to prove that the chain of custody (individuals in possession of the specimen) was properly documented and that there was no unqualified individual fumbling with your sample, potentially inflating its BAC (blood alcohol concentration).
Miranda warnings are in place to help citizens protect themselves, understand their rights, and remain cognizant of their option to remain silent. Typically, upon arrest, a police officer is supposed to read the arrested individuals their Miranda rights after explaining to them what they are being arrested for. These rights are in place to let citizens know basic information such as their right to remain silent and their right to have an attorney appointed on their behalf if they cannot afford one.
Your Miranda Rights must be read to you upon your arrest. This is a critical aspect of law enforcement’s arrest process, and if the police officer handling your arrest did not read your Miranda Rights, any statements made afterward (such as during an interrogation) may be inadmissible in court.
Not every traffic stop is lawful, and this is another reason why many charges of DWI do not end in dismissal. Probable cause is something that must be established before a traffic stop is made, but this happens too few times.
If you have been pulled over without probable cause, you have experienced an unlawful stop, meaning any collected evidence may be dismissed in a court of law if you end up going to trial for DWI. This means that if an officer arrested you under suspicion of DWI and he did not have reasonable suspicion to pull you over, anything you said during the traffic stop may be inadmissible.
The Texas Penal Code: General Criminal Defenses - This link takes you to the Texas Penal Code, giving you information on some of the common defenses that are used in criminal trials, such as entrapment, insanity, duress, and many other potential defenses you may be able to use in your specific case.
The Texas Alcoholic Beverage Commission - The TABC is a resource that helps you find out more information on legal BAC levels, signs of impairment, and prevention programs.
The law allows for individuals to fight their DWI charges, and there are statutes that may give you enough room to build your case to explain why you are not guilty of this charge. And in addition to this, law enforcement officers are by no means infallible; when they make mistakes such as not reading Miranda warnings or causing errors in blood tests, this is depriving a citizen of the accurate information they have a constitutional right to.
You must seek out legal counsel immediately if you have been arrested or charged with driving while intoxicated. If you have no idea where to go to find a Denton DWI trial lawyer for your specific case, we’ve got your back. For years, The Law Offices of Richard C. McConathy have been helping Texas defend their rights and freedom. If you live in Denton or one of the surrounding areas and you’re ready to work with a criminal defense attorney today, we’re here to help you win your legal battle.
The Law Offices of Richard C. McConathy is a place that wants to help guide you to a winning outcome in your legal matter. Facing a DUI / DWI can be daunting, and if you don't know whether or not this is going on your record, we may be able to keep your driving record in good shape. Start learning more about our litigation team and call us at 940-222-8004 for a consultation from an in-house legal expert.