2 possible police errors during DWI arrests

On Behalf of | Sep 22, 2022 | DWI

If you have been charged with a Texas DWI, it’s important to know that you can still find avenues for a successful defense.

When you are pulled over, there are certain requirements that the police must follow to make the charges stick. If mistakes are made by the police, it may be possible to use this information as part of your defense. Here are two potential defenses:

1. Lack of reasonable suspicion to pull you over

The police cannot pull you over if they don’t have reasonable suspicion. This means that they need justifiable suspicion that you are engaging in some type of illegal activity. Valid reasons for the police to conduct a traffic stop include speeding, running a stop light, broken or malfunctioning equipment on your vehicle and similar issues. 

The evidence collected is considered inadmissible if the police don’t have reasonable suspicion but still stop you. In these cases, your DWI charge will likely be dismissed. 

2. Improper administration of BAC (blood alcohol content) testing

A breathalyzer test must be administered properly and carefully to be accurate. Police officers are required to be certified and trained on how to do this. The equipment used must also be properly maintained and calibrated. 

If there are records that the machine used was not calibrated or that the test wasn’t administered by someone who was certified, then the results of it may be questioned. Also, if this is proven, then the evidence the test provided cannot be used against you. 

Being convicted of a Texas DWI carries serious penalties. These can impact your life in many different ways. Knowing what mistakes police make can help you build a viable defense for the criminal charges you face. It’s best to explore the legal rights you have with a professional to help you achieve the best possible outcome for your case. 

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