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DWI Defenses
If you have been charged with driving while intoxicated (DWI) you may have many questions about the possible defenses to a DWI charge. The crime of DWI is unique in that it combines elements of criminal and civil law. When you are charged with DWI, you will have two separate and distinct legal proceedings to deal with.
The first is a civil proceeding known as an Administrative License Revocation (or ALR) hearing. At this hearing, the Department of Public Safety will attempt to suspend your driver’s license for a period of time. The length of suspension depends on several factors including but not limited to, whether you submitted to a breath/blood test, prior DWI convictions or arrests and prior DWI/DUI license suspensions.
Most criminal attorneys tell their clients that ALR hearings are not important or that there is no need to attend them because the DPS always wins. Hunter and I strongly disagree with those beliefs and highly recommend that you seek other counsel if your attorney makes similar statements. The reason we believe that ALR hearings are important is because it gives us, as your attorney, a chance to cross examine the arresting officer, and other witnesses, prior to your criminal trial. This is a valuable advantage because whatever the officer(s) and witness(es) say at the ALR hearing is on record. They cannot change their story later or we can impeach their testimony.
The second proceeding is usually considered the more important one by our clients. It is the actual criminal case of DWI. It is important to remember that a DWI is essentially an “opinion crime.” What we mean by that is that most DWI cases come down to the opinion of the arresting offices as to whether or not you are guilt of the crime. In trial, the officer will state his/her opinion and then the jury will watch a video and hear our arguments and then determine is the State proved you guilty beyond a reasonable doubt. Remember, the law states that if the jury has 1 REASONABLE DOUBT concerning your guilt the THEY MUST FIND YOU NOT GUILTY.
Sources of reasonable doubt
In our trial experience, Hunter and I have identified three areas where reasonable doubt can be raised in a DWI case. The three areas are found below:
1) State’s lack of evidence: The State did not provide enough to prove intoxication beyond a reasonable doubt.
2) Contradiction in the State’s evidence: The States evidence is inconsistent or has contradictions. For example, an officer testifies that you were stumbling or falling down and the video shows you having no problems walking.
3) State not bringing credible evidence: The State’s evidence is not trustworthy. This happens when the witnesses are not credible or we impeach their testimony.
DWI Defenses:
Because Hunter and I have specialized training in DWI detection and enforcement (the same training received by law enforcement), we know the procedures for DWI detection. This is a valuable asset for our clients because we have the ability to show the jury when/where officer fail to follow proper procedures, as well as, point to signs of sobriety that may form reasonable doubt. In a typical DWI case, we may attack the State’s case in the following ways:
- Challenge the legal validity of the traffic stop;
- Challenge the officers probable cause for the arrest;
- Give the jury alternative explanations for any signs of intoxication;
- Point to all of the signs of normal behavior you exhibited, aka signs of sobriety;
- Expose the officer(s) biases for making the arrest;
- Attack the officer’s credibility through open records requests;
- Challenge any breath test based on scientific, procedural, or timing methods;
- Challenge the credibility of the State’s scientific experts through their prior testimony;
- Argue that a disconnect exists between the chemical test and video;
- Present witnesses on your behalf;
- Present expert witnesses on your behalf;
- Etc.
Each DWI case is different and unique. Our job is to assess your cases and determine the best way to defend you. Whether we attack the State’s case on a legal or factual basis, our “Team Approach” to your defense allows you to utilize the strengths ob both Hunter and I to best defend you against the State.
Contact our office today to see have We can help you defend your DWI criminal case against the State.
Contact Frisco, Texas Criminal Defense Attorneys Biederman & Burleson, P.L.L.C., TODAY:
Call (866) 439-2182 to schedule a free, no-obligation consultation
The Law Offices of Biederman & Burleson, PLLC
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
(866) 439-2182 Toll Free
(800) 933-0891 Toll Free Fax
biedermanburlesonlaw@gmail.com
Toll Free: (866) 439-2182
Principal Office - Frisco
Dallas Office - By Appointment Only
at Mockingbird Station across from SMU
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Texas DWI Laws 
