The state of Texas is well-known for its relatively harsh DWI laws; beginning September 1, the penalty for a hit-and-run fatality will equal that of intoxicated manslaughter. An intoxicated driver who is involved in an automobile accident and fails to stop and render aid would, under current laws, be subject to a third-degree felony which carries a maximum penalty of ten years in prison. The new law will raise that offense to a second-degree felony, bringing the potential sentence to a maximum of twenty years. A second new law can result in up to ten years in prison for those who fail to stop and render aid following an accident with injuries.
Of course no one should ever drive while intoxicated, however more often than you would think people are falsely accused—and even convicted—of driving while intoxicated. Most of us go through life with the notion that the legal system is fair and balanced and if we are minding our own business we have nothing to worry about. Unfortunately this is not always true and innocent people are charged with DWIs every single day. Other good, decent people may have made one error in judgment and are now facing consequences which could last the rest of their lives. There are two ways to try and combat a DWI arrest: consult an experienced Houston DWI attorney and document the entire incident meticulously.
Documenting Your DWI Arrest
It is extremely important that you carefully document every single detail of what you were doing prior to being stopped as well as the entire sequence of events after your arrest. Any verbal exchanges between you and the officer should be recorded as well as which tests you were asked to perform such as a Breathalyzer test, a blood test or field sobriety tests. Each of these tests has its own flaws. A Breathalyzer machine may not be properly calibrated or the officer administering the test may not be sufficiently trained in the testing technique. A blood draw can be easily contaminated or may not be stored properly after being drawn.
Challenges Your Houston DWI Attorney May Be Able to Overcome
Field sobriety tests are notorious for their unreliability as they are dependent on a variety of factors such as:
· Fatigue
· Fear or anxiety
· Disorders such as dyslexia or attention-deficit disorder
· Physical disabilities
· Height and weight
· A history of balance problems
· Medications
· Shoes which don’t lend themselves to uneven or rocky road shoulders
The police officer may have added more challenges than warranted or might not have been qualified to administer the field sobriety tests. Even if your Breathalyzer test measured results of 0.08, there are factors your attorney can use to have those results made inadmissible. For instance, did the police officer have probable cause for the traffic stop and did he or she follow proper arrest and testing procedures? Were you told that under Texas law you have the right to request a blood test rather than a breath test? A blood test may be rendered invalid if your attorney can prove the police did not legally obtain a warrant for the blood draw, if you were not fully advised of your rights prior to the blood draw or if the blood draw equipment was not properly calibrated. Further, not all laboratories used by the police for DWI blood draws are properly certified; the blood drawn from you might not have been properly handled and stored or might not even have been drawn under sanitary conditions. As you can see there are many variables in a DWI stop and arrest. A knowledgeable Houston drunk driving attorney might be able to make the difference in your DWI charges and, ultimately, your future.