Your Top Defense Strategies For DWI Charges In Tarrant County, TX

In this article, you’ll discover:

• Potential defense strategies to counter DWI charges
• How to challenge the validity of a traffic stop
• How to challenge the validity of a field sobriety test

Why Is It Important To Explore Possible Defense Strategies With An Attorney Before Choosing To Plead Guilty To A DWI?

It’s easy to think, “I blew twice the legal limit on the breathalyzer, so there’s no way I can fight this case.” It’s just not that simple.

The inquiry starts with: Did the police have a reason to stop you in the first place for that breathalyzer? Did you consent, or did the police have to get a warrant? If they had to get a warrant, was it valid? Was the machine working properly? Was the test administered correctly?

There are many ways to fight a DWI. It’s important to investigate them before deciding whether to fight the case or try to get the most favorable terms for a plea deal.

How Can Challenging The Validity Of A Traffic Stop Affect A DWI Case?

If the stop isn’t valid, that seizure of your person and search that’s conducted on your blood are all violations of your Fourth Amendment rights. All evidence obtained due to a Fourth Amendment violation should be suppressed.

If you successfully challenge the validity of a DWI stop, that should be the end of the case because all of the evidence from when the officers first came into contact with you is tainted by that illegal stop.

The validity of the stop is the first thing that I look for in every DWI case. We’ve had cases dismissed by the prosecutors when we showed them that they couldn’t show that it was a legitimate stop.

Is It Possible To Argue That The Field Sobriety Test Was Improperly Conducted?

It’s rare to see an officer do all the tests correctly. The most common error occurs when they’re doing the horizontal gaze nystagmus test. The office has you look at a stimulus as they move it from side to side.

I rarely see an officer move at the correct speed. They always move the stimulus much faster than the manual tells them to. We challenge the validity of the field sobriety tests all the time.

Last year, I took the same class that the officers take using the same training manual they use. We do a good job at trial of showing the jury there are other reasons than intoxication for poor performance on the field. Improper administration of sobriety tests is one of those.

Attorney Robert Keating is an experienced lawyer based in Fort Worth, TX, who has helped clients just like you navigate the intricacies of criminal law. With many favorable case outcomes to his credit, he is prepared to assist you in creating the best DWI defense that will result in dismissal or reduced charges in your case.

Still have questions? Ready to get started? Contact the Law Offices of Robert Keating today to schedule a free initial consultation.

How Effective Is The “Rising Blood Alcohol” Defense In Texas DWI Cases?

With proper evidence, the rising blood alcohol defense can be very effective. The state is asked to prove a person was intoxicated at the time they were driving, not 90 minutes or two hours after when they’re sitting in a hospital giving a blood sample.

It takes time for alcohol to be absorbed into your bloodstream and start to affect you. How long? That depends on about 20 different factors and varies from person to person. It’s certainly a case where we can use that. We can say: At the time of the stop, yes, the person drank a lot, but they hadn’t absorbed it yet. They were still sober. They would be home before it affected them, but the cops stopped them.

We had a DWI case dismissed before trial using this defense. I used a video from the first two minutes when the officer approached and started talking to my client while they were sitting in the driver’s seat and sounding perfectly normal. An hour and a half later, when they were talking to the nurse while she was drawing their blood, they were slurring all their words. They were like two different people.

It would be effective for a jury to see the same thing. We’ve also done that at trial, but we don’t always have to wait for trial. Sometimes, we can get a case dismissed or very favorable terms on a plea deal by showing the state those problems.

What Role Does A Person’s Existing Medical Condition Play As A Defense In Texas DWI Cases?

There are many ways that medical conditions can impact DWI cases. Specifically, your medical condition can impact your performance on the field sobriety tests.

For instance, you may have difficulty performing portions of those tests if you have knee or back problems. Additionally, several types of medical conditions can cause symptoms that are similar to intoxication. There are many aspects of medical conditions to consider in a DWI case. I’ll spend a lot of time discussing your medical history with you to determine if you have any conditions that might have contributed to poor performance on field sobriety tests.

For example, I had a client who was in a bad car crash and was arrested for DWI at the scene. It turned out she had a previously undiagnosed brain tumor that caused a seizure, which in turn caused the accident. We showed she was almost catatonic when the officers first arrived on the scene, and 30 minutes later, she was having a normal conversation with them.

You don’t sober up in 30 minutes, but you do recover from a seizure in that time. We had to go to trial on that case. We had a neurologist testify, but the jury gave us a not-guilty verdict five minutes after hearing the evidence. Medical conditions can be extremely important in DWI cases, and I’ll be sure to review your medical background with you in depth.

Are There Any Unique Strategies Your Firm Uses To Help Clients?

We don’t have a standard DWI strategy because every case is different. Some cases involve blood analysis and the way blood is drawn and handled. Sometimes, it’s about the field sobriety tests and how the officer administered those. Some defenses focus on the client’s medical condition.

Juries care about three issues in DWI cases. They care about the driving facts. Were you pulled over because your license plate light was out? Or were you driving the wrong way down a one-way road? Those are two very different circumstances.

The next issue juries care about is how you look and sound in the video. Jurors will view footage of you from the arrest and ask themselves, “Does this person look or sound drunk?” It can be as simple as that.

The last issue they care about is the blood and breathalyzer results. If your blood or breath score is high, it carries weight with the jurors.

If one of these factors is damaging but the other two help your case, this generally results in a good, defensible case. If two factors are damaging, defending your case can be more difficult, but is still possible. When all three factors are damaging, it can be very difficult to win the case.

Being able to effectively argue any of those points, rather than relying on a blood expert testifying about the blood draw, gives us an advantage to use the most appropriate strategy in every case.

Attorney Robert Keating is an experienced lawyer based in Fort Worth, TX, who has helped clients just like you navigate the intricacies of criminal law. With many favorable case outcomes to his credit, he is prepared to assist you in creating the best DWI defense that will result in dismissal or reduced charges in your case.

Still have questions? Ready to get started? Contact the Law Offices of Robert Keating today to schedule a free initial consultation.

Can You Describe A Case Where You Successfully Challenged A DWI Charge Based On Evidence Or Procedural Errors?

I had a motion to suppress the blood score on a case due to some defects in the warrant. We had a hearing on that motion pretrial, and the judge granted the suppression. He ruled that the blood would not be admissible at trial.

The state still had a case to take to trial. My client didn’t look great. His driving was bad, but because of that ruling, they offered him deferred probation on an obstruction of a highway charge. For my client, not having a DWI was very important. He decided to take that.

He completed the deferred probation, wound up not having anything on his record, and got a non-disclosure

order on that. His criminal record looks clean now. That’s not the biggest win of my career, but it was important to my client.

It’s worth taking the time to look at all of the details and what the warrant says to ensure that it covers everything it needs to. You never know when or where you’ll find the key to winning a case. Sometimes you find those little nuggets, and sometimes you don’t, but we always look for them.

How Did It Feel On A Personal Level To Find A Win Like This For Your Client?

It always feels good to get a favorable result for a client. For many of my clients, being arrested and having this case pending is one of the most traumatic and disruptive experiences of their lives.

While I can’t promise you a particular result, I can promise that I will care about your case and work hard for you. That’s one of the practices that sets us apart: We limit our caseloads so we have enough time to work every case the right way.

We treat all our cases the same because we know how important the outcome of this case is to you. We take time to explain everything. For some lawyers, it’s just a criminal trespass case, but for you, it’s your criminal trespass case.

One thing I committed to when I opened my practice was that I never wanted something to happen to a client that I didn’t tell them was a possibility. I make sure I anticipate every step of the way how things are going to go so that I can prepare you.

Understanding what’s happening can give you confidence and help you overcome these traumatic experiences. We do a better job of that than most law firms do, and this sets us apart.

Still Have Questions? Ready To Get Started?

For more information on Your Top Defense Strategies For DWI Charges In Tarrant County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today.