Top 5 Ways to Beat a DWI
How do you beat a DWI in Texas? Wouldn’t everyone like to know the answer to that question! Obviously, the most simple answer is: don’t drink and drive. If you know you are going to drink, have a designated driver or call an Uber or other transportation service. But should you decide to drink and drive, and get arrested for a DWI, you don’t want to pay the consequences forever; you need to fight it.
But how? A lot of it comes down to: do we really trust the police or the results of field sobriety tests, breath tests, and blood tests? In a perfect world, maybe yes, we can trust them. But in our world, no, they are not to be trusted but should be challenged — if you really want to uncover the truth of the matter. And therein lies the second part of beating a DWI in Texas: retaining the best DWI attorney for the job.
Anyone can get arrested for a DWI, but not everyone can defend a DWI charge. That takes planning, and lots of it — along with skill, knowledge, and strategy. Ashley Morgan has decades of experience in beating DWI’s. She does not back down. She fights, and she will continue to fight each day on behalf of hard-working people who are indeed innocent or who deserve a second chance. Contact Ashley Morgan today to beat your DWI charge.
Read more on how to beat a DWI in Texas below:
1. Make Sure Your License Suspension Hearing is Requested by the 15 Day Deadline.
We recommend requesting a hearing to challenge your driver’s license suspension for 2 reasons. The first one is obvious—we want to try and prevent your driver’s license from being suspended. The second one, though, is less obvious and more strategic. By requesting a license suspension hearing, we are allowed to subpoena your arresting officer to testify under oath about the strengths and weaknesses in your DWI case. This allows us to lock down the officer’s testimony before that officer is prepped by a prosecuting attorney. If the officer later tries to change his testimony, we will be able to impeach the officer when he is called to testify under oath at the jury trial. Many of these cases take 2 years to get to trial. So, a lot can happen during that time period. If you are wanting to beat your DWI, you will need an attorney that knows preparation puts you in the best position to accomplish that goal.
2. Hire an Attorney that Knows the Science Behind Blood and Breath Testing.
Many people believe that if they have a BAC (blood alcohol) number over .08 that there is nothing that can be done. But that is absolutely not true. In regards to breath testing, there is no blood in your breath. So, in order for the State to prove a BAC over .08, the State must convert the breath alcohol into a blood alcohol number. The science behind this process is very inaccurate. You need an experienced DWI attorney to explain why. And don’t just assume blood alcohol testing is any more accurate. There are valid ways to prove that the blood alcohol testing should be excluded or disregarded as inaccurate. Call us today and let us explain how beating a DWI is possible in your case.
3. Hire Local DWI Counsel.
If you are trying to beat a DWI, you need to retain an attorney that knows your court and the prosecutors in your court. Too many times we get calls from defendants that said they decided to hire a family attorney from their home town who practices transactional law or some kind of law that is not DWI law. This is not the time to hire a friend or someone that you used for another type of legal transaction. You need someone that knows DWI law and how DWI cases are being handled in your court. Knowledge of the local system and current DWI laws is invaluable to obtaining the best possible result for your DWI case.
4. Don’t Be Afraid to Set Your Case for Trial.
Even if all the facts are against you—setting your case for trial may make the difference between a dismissal and a life-long criminal record. The State has the burden of proof in all criminal cases. That means that if they cannot produce the evidence necessary to prove the DWI at the time of trial, you will likely see your DWI dismissed. You cannot get your DWI dismissed, though, if you tap out early and enter a plea. Many times, the consequences of a plea and losing at trial are so similar that it does not make sense for a defendant to not challenge the State’s case by setting it for trial. Before you take a plea and permanently lock in a bad result—make sure you call us so we can explain why that may not be your best option. Don’t be afraid to put your DWI on the trial docket and hold the State to it’s burden of proof. Even the worst DWI cases have obtained dismissals when the prosecutor’s case falls apart at the last second because they can’t get the evidence there.
Also, many cases benefit from delays on the trial docket. Over the course of that time period, the prosecutors can change and a subsequent prosecutor may have a different approach to resolving your case. Call us BEFORE you take a plea so we can make sure you are not missing an opportunity to beat your DWI.
5. Don’t Forget to Consider Alternative Resolutions.
Many counties in central Texas offer Pretrial Diversions (most do not permit DWI offenders to participate). However, there are some exceptions. So, don’t forget to ask about whether you could qualify for one of the exceptions. In Bexar County, veterans that participate in the Bexar County Veterans Treatment Court may be eligible to receive a pretrial diversion for the DWI. Upon successful completion, your DWI is dismissed and that dismissal qualifies you to apply for an expunction. Other alternatives, might include an obstruction of a highway plea. Obstruction of a Highway deals allow you to avoid a DWI on your record and the penalties/enhancements that come along with DWIs. Before you lock yourself down into a DWI plea, you should always consider other options.