Driving under the influence of alcohol or any other substance is a serious criminal offense. A conviction for driving while intoxicated in the state of Texas can result in serious penalties including jail time, fines, loss of driver’s license and other penalties. If you’re facing DWI charges, you may want to consider hiring a DWI defense attorney. If convicted, you could face serious penalties that could drastically change your life. It’s important to understand the defenses that your attorney might use in order to determine whether they are applicable to your case. If your attorney knows of any defenses that may apply to your case, they will be able to use them at trial to reduce or even eliminate your charges. However, no defense is guaranteed to succeed and each case is different. To ensure that your best chance at success is considered, you should meet with a DWI attorney as soon as possible after you’re charged. While there is no guarantee that the attorney will be able to get your charges dropped or reduced, a good defense attorney can at least try to make those things more difficult for the prosecutor to prove during your trial. Here is a list of some common defenses to consider if you’ve been arrested for a DWI in the state of Texas:

DuI (Driving Under the Influence) – Two-sides

The first defense to discuss on this list is the dui, or driving under the influence, defense. This defense is applicable when the police officers who arrested you for DWI were unable to properly administer the field sobriety tests due to your intoxication, but you also cannot remember anything from the night due to intoxication. The theory behind this defense is that while you may have failed the two-side test, you could not have been drunk at the time because you cannot remember doing these things. If you are able to prove that you could not have been drunk at the time, you will be able to have this charge dropped. This defense is not applicable in every case because the officers are allowed to administer the field sobriety tests even if you cannot remember anything from the night. However, there are some factors to consider when determining whether this defense applies to your case:

  • The alcohol or drug level in your blood at the time of the incident is a factor to consider. If you are under the legal limit at the time of the accident, but have a high alcohol level in your blood, it might be difficult to prove that you were impaired by alcohol at the time of the accident. However, if you are over the legal limit and have a low alcohol level in your blood, it will be much easier to prove that you were impaired at the time of the accident.

  • The distance you were from the nearest alcohol seller at the time of the accident is another factor to consider. If you were less than 100 yards from the nearest alcohol seller at the time of the accident, it would be much more difficult to prove that you were impaired by alcohol due to the fact that you could have bought alcohol at any time before the accident. There are some cases, however, where the officer will be able to prove that you were impaired by alcohol even if you were less than 100 yards from the nearest alcohol seller.

Admission of Intention

The admission of intention defense is also known as the “I didn’t know” defense. This defense is applicable when you honestly believed that you were not impaired at the time of the accident. In some cases, this defense can also be used if you are impaired, but you did not know it was against the law at the time of the accident. The admission of intention defense is extremely difficult to prove because it relies on your state of mind at the time of the accident. If the police officers who arrested you for DWI remember the specific statements you made at the time of the accident, this defense will not be effective. The best way to protect yourself in this situation is to hire a good DWI attorney as soon as possible after your arrest.

Inadmissibility of evidence

The next defense on this list is the inadmissibility of evidence defense. This defense is applicable when the officer failed to properly administer the two-side test, but you also cannot remember doing the test. In this situation, the officer will have to use your performance on the two-side test to prove that you were impaired, but you will have no memory of actually doing the test. In this situation, the officer will be unable to prove that you were impaired at the time of the accident. This defense is a difficult one to prove because the officer can often remember what you said during the test, even if he cannot remember what he actually saw you do. If you have this defense and want to take advantage of it, you should speak with an attorney as soon as possible after your arrest.

Affirmative defense

The affirmative defense is applicable when you have a valid reason for being in the car with the person who was driving while intoxicated. This defense is applicable when you were not intoxicated at the time of the accident, but you were assisting a friend who was impaired. There are a few conditions that you must meet for this defense to be successful. First, you must be a “good Samaritan” who is helping someone who is impaired to drive safely. Second, you must have a valid reason for being in the car with the impaired driver. The best way to prove that you were assisting a friend who was impaired is to have a valid conversation between you and the impaired driver that explains why you were in the car with them. If you have this defense and want to take advantage of it, you should speak with an attorney as soon as possible after your arrest.

Vehicle owners defense

The first two defenses discussed above apply to drivers who were passengers in the car and not the owners of the car. The vehicle owners defense is applicable when the person being arrested is the owner of the car and not a passenger. This defense is applicable when the officer fails to notice that the person being arrested is a car owner and therefore is not impaired. This defense is extremely difficult to prove because the officer will be able to notice the smell of alcohol on your breath and your slurred speech. This defense is applicable in only a small percentage of cases because the officer will be able to notice these things even if you are not impaired.

Conclusion

A DWI is a serious offense that can have serious penalties attached to it. If you have been arrested for a DWI in the state of Texas, you should speak with a DWI attorney as soon as possible. These attorneys will be able to help you navigate the legal system and ensure that you receive the best possible outcome in your case. There are a few defenses to