Defending Against DUI Charges: Know the Most Common Strategies

Under Texas law Texas Penal Code Sec. 49.04, intoxicated driving (DUI/DWI) is a serious criminal offense. If you are facing a DUI charge, it is normal to be stressed, confused, and worried about your future. Of course, a charge is not a conviction. You have the right to raise a zealous defense. Here, our Fort Worth DUI defense attorney highlights the most common strategies to defend drunk driving charges in Texas.

Three Strategies to Defend a DUI Charge in Fort Worth, Texas

Strategy #1: Challenge the Legality of the Stop

With very few exceptions, DUI charges are filed after a driver is pulled over by law enforcement. Did the police officer have the right to stop you in the first place? It matters. One effective approach is to question the legality of the initial traffic stop. In the United States, law enforcement officers must have a valid reason, known as “reasonable suspicion,” to stop a vehicle. This could be for a traffic violation, erratic driving, or other legitimate concerns.

Any evidence gathered from an illegal stop may not be admissible in court. For example, imagine a driver named is stopped for allegedly having a broken taillight in Fort Worth. The officer then conducts a DUI investigation. However, the driver can prove that their taillight was never broken at all. If the police officer lied to justify the stop, that might be an illegal stop and the evidence collected could potentially be excluded from court.

Strategy #2: Challenge the Evidence Intoxication

Another strategy is to challenge the evidence used to indicate intoxication. Most often, this includes questioning the accuracy of the breathalyzer test, the administration of field sobriety test(s), and/or the officer’s observations. Alternative factors such as medical conditions, dietary factors, or even the mishandling of testing equipment can impact the reliability of these tests.

For example, suppose that a driver in Tarrant is charged with a DUI based on a breathalyzer test. However, she has a medical condition that can falsely elevate breathalyzer readings. Her attorney might argue that the breathalyzer results were inaccurate due to her medical condition. It could be enough to get the DUI case dismissed.

Strategy #3: Consider Options for a Plea Agreement

Finally, exploring plea agreement options is a practical approach. A plea agreement involves negotiating with the prosecution to reduce the charges or penalties in exchange for a guilty plea. It can be beneficial in cases where the evidence against the defendant is strong, and a conviction seems likely. The reality is that an aggressive defense is not always the best strategy.

For example, imagine a driver who was pulled over in Dallas facing strong evidence against him. After exploring all options, it becomes clear that a convection is likely. The best option might opt for a plea agreement where he pleads guilty to a lesser charge, like reckless driving, in exchange for a reduced sentence. Alternatively, there may be an option to avoid any jail time with a plea.

Contact Our Fort Worth DUI Defense Lawyer for a Confidential Initial Consultation

At The Law Office of Kyle Whitaker, our Fort Worth DUI defense attorneys are aggressive and experienced advocates for clients. If you or your loved one is facing a DUI charge, we are more than ready to help. Contact us today for a completely confidential, no-obligation case evaluation. From our Fort Worth law office, we defend DUI charges throughout North Texas.