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Houston DWI Lawyer > Blog > DWI > What Defense Strategies Are Possible After A TX Drunk Driving Arrest?

What Defense Strategies Are Possible After A TX Drunk Driving Arrest?


Houston has strict laws in place to ensure road safety, so driving while intoxicated is taken seriously by law enforcement officers. While it is well understood that drivers need to be sober for safe driving, a Texas drunk driving arrest can still be incredibly upsetting for the person who is being charged and their families. If you find yourself in this situation, it’s important to remember that an arrest is not a conviction and everyone is entitled to a fair defense.

Following a drunk driving arrest, there are various defense strategies that a skilled Houston DWI lawyer can employ to protect your rights and potentially reduce the consequences you face. Once you connect with an attorney, they will begin the process of investigating the circumstances of the arrest, examining the evidence, and determining the best approach to minimize the impact.

Chain of Custody Review

In the majority of situations, the foundation of a case is the initial traffic stop. Investigating whether law enforcement had reasonable reason to pull you over in the first place could lead to a defense. Because if the stop was not legally justified, the evidence gathered may be inadmissible.

The tests administered by officers will also be reviewed. For example, field sobriety tests are commonly used by law enforcement, tests such as the walk-and-turn, one-leg stand, and the horizontal gaze nystagmus test. The accuracy of these tests may be questioned if the administering officer did not conduct the tests following protocol.

And when it comes to scientific tests, maintaining the chain of custody is crucial. This is important because blood alcohol content (BAC) is often a critical piece of evidence in DWI cases. Your attorney can challenge the reliability of results if there was improper calibration, contamination, or mishandling of samples. Any breach in the chain of custody could render the evidence inadmissible.

Rising BAC and Medical Conditions

Alcohol absorption is not instantaneous. It is possible for BAC to rise before it reaches its peak, so depending on the details of your arrest and if your BAC was close to being under the legal limit, your attorney may be able argue that your BAC was below the legal limit at the time you were driving. That the number had risen to an illegal level after being pulled over.

Medical conditions and medications can also lead to sobriety test false positives. It is essential you share your medical history and medications with the Houston DWI lawyer representing you. It may be possible for legal professionals to explore whether there were underlying medical factors that contributed to your arrest. If so, proving these factors led to the perception of impairment could be part of a defense.

Was chain of custody an issue following your arrest? If you or a loved one is facing drunk driving charges in the state of Texas, have a conversation with the legal team at Ayson Law Firm. Attorneys have experience defending rights using state and federal law protections. To learn more, contact Ayson Law for a free consultation.

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