Getting hit with a DWI charge is a scary experience. It can leave you feeling anxious and unsure about what to do next. The potential consequences, like losing your license, paying hefty fines, or even facing jail time, can make the situation seem overwhelming.

But remember, just because you’re charged with a DWI doesn’t mean you’re automatically guilty. There are strategies you can use to fight the charge and protect your future. This guide will help you understand what tactics you can use to beat a DWI in Texas – and when it’s time to hire a lawyer.

BAC Tests: Are They Ironclad?

When you are charged with a DWI in Texas, one key piece of evidence against you is your Blood Alcohol Content (BAC) level. This is usually measured through a breath, blood, or urine test. If your BAC is above 0.08, the prosecution will use this as evidence to try and convict you.

However, the way the BAC test is conducted matters. The police must abide by very specific  legal procedures when obtaining your breath or blood specimen. If they don’t, the test results might not be valid.

“They’ve got to show that that test was taken in a way that comports with the law so that they had a legal right to take it,” says Graham Norris, the founder of Norris legal Group. “They also have to show they didn’t violate any of your rights when they took it and that it was done according to the science.”

Additionally, it’s important to verify that the BAC test itself is accurate and reliable. The equipment used must be properly maintained and calibrated. If there are any errors or issues with the test, it could be inadmissible in court.

Challenging a BAC Test in Texas

To beat a DWI charge, one effective strategy is to challenge the BAC test results. Here’s how an experienced attorney would approach this:

1. First, they look for procedural errors. If the test wasn’t administered correctly, the results might not be admissible in court. This includes making sure that your rights were not violated when the sample was taken.
2. Second, they examine the scientific accuracy of the test. The prosecution must prove that the BAC test was conducted following scientific standards. Any deviation from these standards could weaken their case against you.
3. Third, they explore the timing of the BAC test. The prosecution has to prove that you were intoxicated while you were driving, not just when the test was taken. They use a method called retrograde extrapolation to estimate your BAC at the time you were driving, but this method can be flawed and can be challenged by your attorney.

DWI Timeline and Retrograde Extrapolation

When facing a DWI charge, the timing of your BAC test can be a critical factor. The prosecution needs to prove that you were intoxicated while you were driving, not just at the time of the test. This is where the concept of retrograde extrapolation comes in.

• Timing of the BAC Test: The BAC test is often taken after you’ve been stopped and arrested. However, alcohol levels can change over time. The longer the gap between driving and testing, the more room there is for doubt about the accuracy of your BAC at the time you were actually driving.
• Retrograde Extrapolation: Retrograde extrapolation is the method used to estimate your BAC at the time you were driving based on the test taken later. This method involves a lot of assumptions and can be challenged. “They have to prove you were intoxicated while you were operating the vehicle,” Graham says. “The timeline becomes really important, and there’s a lot of science involved.”

Proving Intoxication at the Time of Driving Is Tough to Do

The prosecution must prove beyond a reasonable doubt that you were intoxicated while driving. This is a high standard, and there are several factors that can influence your intoxication levels:

• Food Consumption: What and when you ate can affect how quickly alcohol is absorbed into your bloodstream.
• Metabolism Rate: Everyone’s body processes alcohol differently, and factors like age, weight, and health can play a role.
• Drinking Pattern: How quickly you consumed the alcohol can influence your BAC levels.
• Time Since Last Drink: The time between your last drink and when you were stopped can impact your BAC level.

By examining these factors, your attorney can argue that the BAC at the time of driving may have been different from the BAC at the time of testing.

Why Hiring a Texas DWI Lawyer is Crucial

Hiring an experienced DWI lawyer is essential if you want to beat a DWI charge. A knowledgeable attorney will know how to challenge the evidence and use the law to your advantage. Here are the steps they will take as soon as they take your case:

• Evaluate Your Case: The lawyer will carefully examine all the details of your arrest, including the police report, the BAC test results, and any other evidence.
• Challenge the Evidence: They will question the validity of the BAC test results, looking for procedural errors and scientific inaccuracies.
• Negotiate Plea Deals: If it’s in your best interest, your lawyer will negotiate with the prosecution to reduce the charges or penalties.
• Represent You in Court: Your attorney will represent you during all court appearances, advocating on your behalf and presenting your defense.
• Provide Guidance: They will help you understand each step of the legal process, what to expect, and how to prepare for your defense.

Having a skilled lawyer by your side can make a significant difference in the outcome of your case, providing you with the best chance to get your DWI charge dismissed or reduced.

I Think My Test Result of Above 0.08% BAC Will Probably Stand – Should I Still Consider a Lawyer?

Yes, a skilled Texas DUI/DWI lawyer can still help even if you received a BAC result higher than 0.08%, even if you think that the test was probably accurate. It’s important to remember that BAC testing methods can be faulty. Breathalyzers and other testing devices are not always accurate and can produce incorrect results due to calibration errors, improper use, or even medical conditions that can affect BAC levels.

But even if you know you made a mistake and were over the legal limit, a lawyer can still help you by negotiating lesser charges or penalties. For first-time offenders, there are often more options available. Your lawyer might be able to get your charge reduced from a DWI to a lesser offense, which could result in lower fines, less jail time, or no jail time at all.

In some cases, a lawyer can work to get the charges dropped altogether in exchange for completing certain programs or community service. This is especially possible for first-time offenders. These alternatives can help you avoid the severe consequences of a DWI conviction, allowing you to move forward without a criminal record.

Having a knowledgeable attorney on your side means you have someone who knows the law and can find the best possible outcome for your situation.

Contact Norris Legal Group Today

If you’ve been charged with a DWI, don’t face it alone. Contact Norris Legal Group today. We understand the stress you’re under, and we’ll immediately take over all the paperwork and legal headaches so you can focus on moving on with your life.

With our team’s dedication and expertise, you’ll have the best possible defense to protect your future. Call Norris Legal Group now for a consultation and let us fight for you.