HOW TO BEAT A DWI/DUI IN AUSTIN
When you are charged with a DUI or DWI in Austin, it is extremely important to get to work on your case with an experienced Austin DUI defense attorney as soon as possible. There are certain steps you will need to take in order to ensure that your rights are protected and that you build the best possible defense in your case.
At the law office of Robert Littlefield Buford III, we are committed to helping Austin residents who have been unfairly charged with a DWI. There are many ways we can defend your case and numerous ways to beat a Texas DWI charge. We regularly assist clients with the following defenses, and as such are offering a 17-part series on each of the following topics:
- No Probable Cause for the Traffic Stop: Under the Fourth Amendment, a law enforcement officer must have reasonable suspicion and probable cause to stop you and to arrest you for a DWI. You may be able to beat a DWI by showing that there was no probable cause.
- Faulty and Unreliable Breath Tests: There are many ways in which a DUI or DWI breath test can be faulty or unreliable, from improper use by the law enforcement officer to a faulty breathalyzer machine.
- Mouth Alcohol: Just because you have residual alcohol on your breath does not mean that you were intoxicated. Many individuals who suffer from acid reflux or heartburn (as well as in numerous other situations) can have a false positive reading on a mouth alcohol test.
- Medical Conditions: If you have a condition such as Gastroesophageal Reflux Disease (GERD), acid reflux, heartburn, or another medical condition, your BAC test may show a false positive.
- Diet: Diets that are low in carbohydrates can sometimes result in a DWI false positive.
- Rising Blood Alcohol: Due to the way alcohol gets absorbed into our bodies, a breathalyzer test may show a higher blood alcohol content (BAC) than when you were actually driving. You may be able to argue that you were not over the legal limit at the time of driving but only had a high BAC after being stopped for an extensive period.
- Texas DWI Blood Testing Isn’t Always Accurate: There are numerous ways in which a DWI blood test can be contaminated, resulting in a false positive.
- Field Sobriety Tests Are Not Accurate: Research shows that field sobriety tests are not accurate, and you may be able to cite a number of conditions, such as bad weather, poor lighting, and dangerous conditions that led to a false positive.
- A BAC Over .08% Does Not Always Equal Driving Under the Influence: A BAC that reads as over the legal limit may be in error. There are numerous factors that can contribute to an error in the BAC reading.
- Your BAC Doesn’t Accurately Reflect Your Level of Impairment: When there is an obvious disconnect between your BAC level and your level of impairment, the evidence against you may be untrustworthy.
- You Were Not Driving: To be convicted of a DWI, you must have been driving while intoxicated. A strong defense can be proving that you were not driving while intoxicated.
- Radio Frequency Interference (RFI): Radio frequency interference can result in a false positive or a BAC that is higher than your actual BAC.
- Even A Perfect BAC Test Has An Error Rate: Even when there are no problems with testing conditions, a BAC test still has an error rate.
- Police Misconduct: Even if the police can prove that you were driving while intoxicated, police misconduct may result in the charges against you being dropped.
- Weaving Inside The Lanes Is Not Illegal: Even if you were weaving inside the lanes, this is not always evidence that you were driving while intoxicated since this act in and of itself is not illegal.
- Booking Videos: Police booking videos may be able to contradict the police officer’s version of events.
- Witnesses: Witnesses near the scene of the alleged DUI or DWI may be able to assert that you were not impaired while driving, or may be able to provide evidence of police misconduct.
DWI Defense Attorney in Austin
Our DWI attorneys in Austin are prepared to assist you if you are facing criminal charges regarding alcohol-related traffic violations. Don’t hesitate to contact us today for professional help.