If you’re facing DWI charges in Texas, you might feel like the evidence against you is overwhelming. Maybe you failed a breathalyzer test or performed poorly on field sobriety tests. Perhaps the officer’s report makes the situation look worse than it was.

What many people don’t realize is that DWI evidence isn’t always as solid as it first appears. With the right legal strategy, much of this evidence can be challenged in court. Knowing how to question the evidence against you is often the key to a better outcome in your case.

Types of Evidence in DWI Cases

Before diving into how to challenge evidence, it’s important to understand what types of evidence are typically used in DWI cases:

• Officer observations – What the officer claims to have seen or heard
• Field sobriety test results – Your performance on standardized tests
• Breathalyzer results – Measurements of your breath alcohol concentration
• Blood test results – Direct measurements of your blood alcohol concentration
• Dash cam and body cam footage – Video evidence of your traffic stop and arrest

Each type of evidence has potential weaknesses that an experienced DWI attorney can identify and challenge.

Three Main Strategies for Challenging DWI Evidence

1. Identifying Procedural Errors

One of the most effective ways to challenge evidence is to show that proper procedures weren’t followed. Law enforcement must adhere to strict protocols when collecting evidence in DWI cases.

Examples of procedural errors include:

• Improper traffic stop – The officer must have reasonable suspicion to pull you over
• Miranda rights violations – Failure to inform you of your rights at the appropriate time
• Improper administration of field sobriety tests – These tests must be given according to specific guidelines
• Chain of custody issues with blood samples – Blood evidence must be properly handled, stored, and tracked

If your attorney can prove that procedures weren’t followed correctly, the evidence might be thrown out entirely.

2. Questioning the Accuracy of Tests

Breath and blood tests are not infallible. Various factors can affect their accuracy, and these tests must be administered properly to yield reliable results.

Issues that can affect test accuracy include:

• Breathalyzer calibration problems – These devices require regular maintenance and calibration
• Improper blood draw procedures – Blood must be drawn by qualified personnel using proper techniques
• Medical conditions that affect results – Certain health conditions can cause false positives
• Timing of the tests – Alcohol concentration continues to rise for a period after drinking stops

Your attorney can request maintenance records for testing equipment, question the qualifications of test administrators, and bring in expert witnesses to testify about factors that might have affected your test results.

3. Comparing Written Reports with Video Evidence

Most police vehicles now have dashboard cameras, and many officers wear body cameras. This video evidence can be powerful when it contradicts what’s written in the police report.

What to look for in video evidence:

• Inconsistencies in officer statements – Does what the officer wrote match what actually happened?
• Your actual performance on field sobriety tests – Did you perform better than the report suggests?
• Officer conduct – Did the officer follow proper protocols during the stop and arrest?
• Your behavior and appearance – Did you appear less impaired than described in the report?

Video doesn’t lie, and it can be the most compelling evidence in your favor when it contradicts the officer’s written account.

Using the ALR Hearing to Your Advantage

The Administrative License Revocation (ALR) hearing is separate from your criminal case, but it provides a valuable opportunity to strengthen your defense.

During this hearing, your attorney can:

• Question the arresting officer under oath – This testimony can be used later in your criminal case
• Identify inconsistencies early – Find weaknesses in the prosecution’s case before the criminal trial
• Discover evidence – Learn what evidence exists and begin developing strategies to challenge it

Information gathered during the ALR hearing often forms the foundation for challenging evidence in your criminal case.

Real-Life Example: How Evidence Challenges Work

At Norris Legal Group, we’ve seen how challenging evidence can dramatically change case outcomes. In one notable case, a woman was charged with DWI after experiencing a bad reaction to prescription medication combined with heat stroke.

By gathering expert medical opinions and documentation about her prescription medications, we were able to challenge the assumption that she was intoxicated by illegal substances or alcohol. We prepared for trial with this evidence, and the prosecution ultimately dismissed the charges rather than proceed with their weak case.

This example shows how bringing in outside expertise and documentation can effectively challenge the evidence and assumptions made at the time of arrest.

Working with Your Attorney to Challenge Evidence

To effectively challenge evidence in your case, you’ll need to work closely with your attorney. Here are some ways you can help:

• Be completely honest about what happened before, during, and after your traffic stop
• Document everything you remember about the incident as soon as possible
• Provide information about any medical conditions, medications, or other factors that might have affected test results
• Follow your attorney’s advice about what to say and not say about your case

Remember, challenging evidence is technical legal work that requires experience and expertise. This is not something you should attempt without professional legal representation.

Why You Need an Experienced DWI Attorney

Challenging DWI evidence effectively requires:

• Detailed knowledge of Texas DWI laws and procedures
• Understanding of scientific principles behind blood and breath testing
• Experience reviewing police reports and video evidence
• Relationships with expert witnesses who can testify about testing procedures
• Skill in courtroom presentation and cross-examination

At Norris Legal Group, our attorneys bring all these qualities to your defense, giving you the best chance at successfully challenging the evidence against you.

Don’t Face DWI Charges Without Expert Help

If you’re facing DWI charges in Tarrant County, don’t assume the evidence against you is unbeatable. Contact Norris Legal Group today for a free consultation to discuss your case and learn how we can help challenge the evidence against you.

Our experienced team will review all aspects of your case, identify weaknesses in the prosecution’s evidence, and develop a strategic plan to fight for the best possible outcome. With your future at stake, don’t leave your defense to chance—get the expert legal representation you deserve.