If you have been arrested for a DWI, and you refuse to give a breath test or a sample of your blood for analysis, or if this is your second DWI, you Driver's License will be automatically suspended. You only have 15 days from the day or your arrest to request an administrative hearing and request that your Driver's License not be suspended.
There are a few ways to potentially fight a DWI case:
1. Did the officer have a reason to pull you over? Texas law requires that the officer have reasonable suspicion to pull you over. In other words, did you commit a traffic violation, or did the officer have reason to be concerned about your health or safety, and therefore pulled you over to check on you? If there is no reason to pull you over, all the evidence that the officer gathers that day will be suppressed. If that happens, the prosecutor will have very little, or no evidence to prove your case.
2. Was the officer experienced enough in conducting the DWI investigation? DWI investigations are very technical and require that the office conduct a series of tests. If the officer doesn’t do the tests accurately, the validity of his investigation can be called into question.
3. If you give a breath test, did you consent? If so, was the consent voluntary? Did the machine function properly? Are the results accurate?
4. If you give a sample of your blood, did you consent? If so, was your consent voluntary? If you didn’t consent, and the officer got a warrant, was the warrant executed correctly? Does it contain all the necessary information?
5. When your blood is drawn, is it drawn correctly?
6. When the sample is sent to the lab for analysis, are all the proper procedures followed, and are the results reliable?
7. And last, but not least – can the State prove that the person was intoxicated AT THE TIME OF DRIVING? Sometimes a DWI investigation can last for hours, and many times, the evidence is collected well after the traffic stop. The farther away from the traffic stop, the less relevant the evidence becomes, and therefore, the harder it is for the prosecutor to prove that the suspect was intoxicated at the time he or she got pulled over.
All these are potential areas that can give a person grounds to fight a DWI. Whomever you decide to hire as your lawyer, you need to make sure he or she understands all the little intricacies of DWI cases. DWI cases are probably the most technical cases in the criminal system, and if you hire a lawyer who doesn’t have the necessary experience, you may miss an opportunity to get your case dismissed.
As a prosecutor, Andreea has handled hundreds of DWI cases. She has the knowledge needed to handle a DWI case. She understands the science behind the tests and the machines used by law enforcement to build their cases. She also has a very deep knowledge of the law pertaining to DWI and all the steps law enforcement needs to follow in a DWI investigation. Because of her extensive experience, Andreea has the ability to immediately spot any issues with your DWI case. This gives you an advantage in fighting your case.
Once you hire our firm, we will be available to you when you need us. You will speak directly with the attorney handling your case and not with a secretary who will know nothing about your case.
Our free case evaluation is very thorough. We will explain the process to you, what a DWI investigation entails, get information about your case, and explain all the possible outcomes to you. If you get charged with a DWI, don’t settle for an inexperienced attorney. Protect your future and your Driver’s License. Call us at (832) 509-0222.