What are the different types of DWI defenses in Houston?

When it comes to defending a DWI charge in the state of Texas there are many different defenses that could apply. Each case is different, and no two defendants are the same. However, there are some general defenses that all defendants should be aware of. Every person who drives in the state of Texas is required to have an operator’s license or a state-issued ID card. The only people who are allowed to drive without a license or permit are those who are under the age of 18 (and in some cases even younger), those who are operating a private vehicle, and those who are riding as passengers in someone else’s car. If you drive and are impaired, then you are committing a crime. However, there are defenses that can be used to fight the charges. The penalties for a first offense DWI in the state of Texas are severe, so it’s in your best interests to know what your options are if you get pulled over and charged with DWI. The following are some of the more common defenses to consider if you get arrested for a DWI in the state of Texas.

Acting Under a Mistaken Belief

The first defense to consider when charged with DWI is to argue that you were operating under a mistake of fact. This means that you honestly believed you had permission to be in the car, but that belief was mistaken. To prove that defense, you will need to show that someone close to you let you borrow their car and that they had granted you permission to drive it. If you can prove this, then you’ll probably have a good chance of getting the charge dropped.The mistake of fact defense is based on the theory that you didn’t know the law and therefore could not have acted with criminal intent. You can only raise this defense in very specific circumstances, though. You cannot use it if you had a chance to talk to the person who lent you the car and ask them if they knew the law. You also cannot use it if you were aware that the car did not belong to you and that you were breaking the law by driving it. If you think this defense is applicable to your situation, then you should consider speaking with a criminal defense attorney as soon as possible.

Voluntary Intoxication

Another common DWI defense is voluntary intoxication. This defense is based on the idea that you were too drunk to know what you were doing at the time of the DWI. The problem with this defense is that prosecutors typically only accept it if the amount of alcohol you consumed was extremely high. If you had only a few drinks, then you’re probably out of luck. The only time you can raise this defense is if the alcohol level in your bloodstream was 0.15 or higher at the time of the DWI.This defense is based on the idea that you are too drunk to know what you’re doing. However, proving this requires evidence – typically a Breathalyzer test or a witness who can attest to your level of intoxication. If you have such evidence, then this defense could be worth considering. However, you should also consider hiring a criminal defense attorney to help you defend against the charges.

Illegal Lane Changes and Improper Passing Procedures

Another common defense to a DWI charge is to argue that you were forced to make an illegal lane change. To prove this, you will need to show that another vehicle forced you to make an illegal maneuver. You may also have to show that you had no choice but to make the illegal move because your car was too close to them.If you are forced to make an illegal lane change, then you may want to hire an accident attorney to help you file a claim against the other driver. These types of claims can be more complicated than you might expect, though. If you do decide to file a lawsuit, then you should hire a lawyer who specializes in personal injury claims. If you were forced to make a lane change because you were on a mission, then the other driver was negligent and you should file a complaint with the local traffic court. If you are driving and another vehicle forces you to make an illegal lane change, then you may be able to file a complaint with the state’s department of public safety.

Inadequate Training and Lack of Experience

Another potential defense to a DWI charge is to argue that the arresting officer did not have enough evidence to make the stop or that the officer was not properly trained to recognize signs of impaired driving. It’s important to remember that you are required to follow the rules of the road. If you get pulled over and fail a sobriety test, then you are on very shaky legal ground.You can defend against this charge by bringing in a private investigator who will be able to testify as to the unprofessional behavior of the arresting officer. These types of cases can be tricky, though. You will have to find a private investigator willing to take on this case and you will have to show that the officer acted unprofessionally throughout the entire process. You may also have to prove that the officer did not have enough evidence to make the initial stop. If you can prove this, then you may be able to have the charges dropped.

Coercion and Duress

Another common defense to a DWI charge is to argue that you were forced to drive by another person. This defense is based on the idea that the other person had control over you and that you had no choice but to drive. This defense is commonly referred to as “coercion and duress.”You can use this defense if you were forced to drive due to threats or intimidation. The common example of this defense is when parents force their teen children to drive despite their knowledge that the teen is intoxicated.The problem with this defense is that it is difficult to prove. You will need to show that the other person had control over you and that you had no choice but to drive. This is a hard defense to prove, so it’s important to hire a criminal defense attorney as soon as possible if you have this defense in mind.

Conclusion

As you can see, there are many different types of defenses available to those accused of a DWI. However, it’s important to remember that each case is different. No two defendants are the same, and every defense has its own set of rules and regulations. However, it’s important to remember that in most cases, a conviction will have a serious impact on your life. You could face jail time, a hefty fine, and the loss of your driving privileges. It is imperative that you hire a criminal defense attorney as soon as possible if you have been charged with a DWI.