DUI & DWI Defense Strategies
When it comes to defending yourself against DWI or DUI, experience and insight are among your greatest assets. As a Texas DWI attorney for more than 32 years, we have established an extremely successful record defending these types or arrest and alcohol-related cases. That makes me uniquely qualified to handle even the most complicated aspects of your DWI litigation.
Common Defense Strategies
After a DUI, it is important to communicate with your skilled DUI lawyer in determining a strong defense. Here are some questions you need to ask yourself after a DUI:
- Whether or not police acted within the law when they pulled you over. Was there a reason for the initial stop?
- Was there a legally valid reason for the police to order you out of the car?
- Did the arrest follow legal statutes and guidelines?
- Was proper procedure followed when you were stopped your blood alcohol level was tested?
- Was the breath-testing equipment properly calibrated and maintained?
- Was the test properly administered?
Texas prosecution must prove every element of their cases beyond a reasonable doubt. We know how to stay ahead of the prosecution by aggressively investigating the charges against you. Our firm’s extensive knowledge of field sobriety test and skill with cross-examining arresting officers to establish flaws in their procedure creates a solid basis for a strong defense.
Our commitment to you is that we will work tirelessly to uncover any procedural errors or violations of your constitutional rights that can be used to defend you against these charges and ensure that your rights are fully protected. What’s more, we begin every case with the goal of getting your case “dismissed” or reduced, preventing the loss of your driver’s license, and keeping your criminal record clear. The best scenario for you is always the approach we will pursue.
Understanding The Difference Between DWI And DUI In Texas
The State of Texas classifies the charges for DUI and DWI differently from each other. As a result, the best strategies for defense are also different.
- DWI – “Driving While Intoxicated” This can apply to adults or minors. Two types of proof can be offered regarding intoxication:An alcohol concentration of 0.08 or above
Not having normal use of mental or physical faculties due to the consumption of alcohol, drugs, or both.
- DUI – “Driving Under the Influence” In Texas, DUI applies only to minors. Because Texas is a zero-tolerance State for anyone under the age of 21 with any detectable amount of alcohol in their systems while driving. There are no “legal” limits or acceptable blood alcohol levels for those under the age of 21. As an experienced DWI and DUI attorney with a proven track record, Gary Medlin can help you fully protect your rights or the rights of your child if faced with these charges.
What you should know about DWI stops
Any driver in Fort Worth should understand DWI stops in detail to protect themselves from illegal procedures. Understanding what happens in a DWI stop will also help you assist your DWI lawyer craft a solid case. To do this, you must understand things like why you may be stopped, what you need to say, what officers look for, among other important information.\
Why were you stopped?
DWI cases are usually triggered/related to traffic violations. If you are pulled over, it’s probably because you are driving erratically, or you have committed other traffic violations.
Answering DWI stop questions
After a stop, the officer usually asks questions aimed at establishing if you are intoxicated or if you are coming from an establishment that sells or serves alcohol. Although you are supposed to provide an officer with; your registration, license, and proof of insurance, you aren’t required to answer any tangential questions concerning your evening activities.
If you’ve been drinking, using drugs, or taking prescription drugs known to offer intoxicating side effects, making admissions suggesting you are under the influence or intoxicated will only offer the officer much-needed evidence to find a probable cause for arresting you.
What do officers look for in a DWI stop?
Officers pay close attention to any physical signs of intoxication i.e., slurred speech, watery eyes, unsteady gait, impaired coordination, and alcohol-breath as you answer any questions. Although you may exhibit any of the above signs because you are sick and not intoxicated, officers use observation and damaging answers indicating you have been drinking before they initiate DWI investigations.
Procedure for breathalyzer and blood tests
DWI investigations are comprised mainly of roadside portable breath tests and field sobriety tests. While you may be arrested for refusing to take part in a portable breath testing exercise or a field sobriety test, failing to take such tests denies the prosecution some much-needed evidence. You may also risk having your driver’s license suspended for a certain period.
Why you need a Fort Worth DWI lawyer
Seasoned DWI lawyers in Fort Worth like us understand precisely how the “other side” thinks. We have acted as prosecutors in Fort Worth and all other major counties in Texas. We’ve handled many DWI’s and seen how countless police officers handle DWI cases.
We know the most common mistakes made even by seasoned officers with years of training and experience in making traffic stops and administering breathalyzer and blood tests. We can identify mistakes on how you were stopped to the questions you were asked, the information you were provided with, and how the breathalyzer and blood tests were done.
We’ve had many intoxicated clients whose DWI cases were dismissed or penalties reduced because of mistakes made by officers when conducting tests to mishandling evidence. We focus on understanding the special needs of every client and then crafting plans that will end up in desirable outcomes.