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San Antonio Drunk Driving Defense | San Antonio DWI Defense | DWI Lawyer | Drunk Driving Lawyer In today’s society, few offenses call for greater attorney support and knowledge than cases that involve driving under the influence (DUI) or driving while intoxicated (DWI). These types of situations are particularly complicated, as they require the expertise of drunk driving attorneys who fully grasp the legal process as well as various scientific issues. Legal Issues Related to DWI Case Defenses When it comes to the legal issues associated with a DUI or DWI there is a great deal involved regarding these legalities and a good DWI attorney is aware of things pertaining to search and seizure, due process, illegal interrogation, denial of legal counsel and evidentiary issues. In addition, drunk driving lawyers have an understanding of breath test equipment and testing for intoxicants. In the areas of DUI, to assist you effectively, a qualified DUI attorney must have great insight into various aspects of the law as well as knowledge regarding biology, chemistry, physiology and toxicology. Penalties Involved in DWI Cases The penalties associated with drunk driving cases are extremely complex. However, several factors could potentially change the outcome of the penalties, especially when you have the right drunk driving attorney on your side. To ensure that you have the right defense for your particular DWI case, we at San Antonio DWI work vigorously to defend our client’s legal rights. We do everything in our power to minimize the potential consequences a drunk driving arrest can bear. Because there are many DUI defense strategies that a qualified, experienced DWI lawyer can identify, you should not hesitate to contact San Antonio DWI to make sure you are defended appropriately. Your Defense in a DWI Subsequent to your DWI arrest, the DWI attorneys at San Antonio DWI will handle your DMV hearing and will contest suspension of your driver’s license. In addition, we also make sure the police had probable cause to stop you, otherwise your arrest could be considered unlawful. In addition, a qualified phlebotomist must properly administer chemical tests. Furthermore, your (BAC) Blood Alcohol Count had to be .08% or above at the time of the arrest. As part of your defense, we will also cross-examine the arresting officer and review and analyze all reports involved in your case. If even one element related to your case is not established, we will make sure your license suspension is overturned. How a San Antonio DWI Case Should Be Handled. Before going forward with your case, we listen very closely to the details of your situation, what led up to it and the results of your DUI arrest. We make sure to ask plenty of relevant questions in an effort to gain insight into all the details. In short, choosing the right DUI lawyer to defend you during a drunk driving case is critically important to your case. Having a qualified drunk driving attorney in your corner means having a dedicated attorney who really understands the ins and outs involving DUI. The attorneys at San Antonio DWI have the skills, knowledge and expertise to defend you when it comes to DUI related charges. Before pleading guilty, learn about your legal rights! Contact us today and find out how we can help Driving Observation Defenses The prosecutor always relies (sometimes exclusively) on the arresting police officer's testimony about how a DWI suspect was driving, including:
A good DWI defense will argue that there are many different explanations for these driving behaviors that don't have anything to do with being alcohol-impaired. Behavior Observation Defenses An officer may also testify as to a DWI suspect's appearance and behavior when questioned, including:
Defenses to these observations that don't have anything to do with being intoxicated may include:
Field Sobriety Test Defenses When an officer suspects you may be a drunk driver, he or she will likely ask you to perform what are called "field sobriety tests." These tests are designed to assess your physical and mental alertness, and can include:
Officers also sometimes rely on a visual test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth. The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions. Your DWI Defense team may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your DWI lawyer may also point out to the jury that many jury members may have similar problems performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances. Blood Alcohol Content Defenses When you drink alcoholic drinks, the alcohol is absorbed into your blood. The amount of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. In Texas, you're presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol. All states have lowered the BAC level defining intoxication to .08, and have "zero tolerance" laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood. Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20. Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment. Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs. Your DWI attorney will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. Your DWI Defense lawyer may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning. Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren't preserved as evidence, allowing for independent testing later. Your attorney can argue that there's no way to know if the machine that was used was accurate, if your breath samples can't be independently tested. Many of the defenses against DWI charges require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a Top DWI Defense lawyer right away. We know how cops and district attorneys put together cases. We have the playbook. Now we use this insider knowledge to your advantage in fighting your criminal charges. When the District Attorney is notified that you have retained our services, they know that your are prepared & ready for a vigorous court battle. An Aggressive, Proactive Approach to all Cases Some San Antonio DWI Lawyers take a wait-and-see approach. They stall until the first court date, or until they receive the police reports, before investigating and working up your case. By contrast, we believe there's no time to waste. The most critical window for defense work may be the first few days following an arrest, or even prior to formal charges being filed. By getting to work immediately, often we can locate favorable defense evidence and witnesses, and get a "head start" towards defeating the charges. Knowing the Local Courts Every county and every courthouse has its own way of doing things. The criminal court process in Bexar County, for example, differs from the process in San Antonio. But even within Bexar County, the procedures at the central courthouse vary considerably from Alamo Heights or Leon Valley. We assign each of our DWI defense attorneys to a specific courthouse. By working day in and day out in the same places, we develop trusting relationships with judges, prosecutors, probation officers and court staff. Moreover, we know how things work in particular courtrooms, and with particular prosecuting agencies. We've learned whom to talk to, who has discretion, and the most effective ways to get the job done. Close Personal Contact with Your Attorney Facing a DWI charge traumatizes people. Nothing compounds the stress more than the inability to reach your defense attorney. At our San Antonio DWI Defense Law Firm, we put a premium on the accessibility of our San Antonio DWI defense lawyers and support staff. We're here to provide moral and emotional support as well as legal representation. To do this, we observe two policies:
Not only does this provide you the assurance of knowing you can reach your lawyer at critical times. It also helps us to do our job more effectively. We find that close client interaction is pivotal to our work. Our clients are the best resource for understanding what happened and who the key players are in the case. We want to hear from you, and you'll definitely be hearing from us.as together we map out the story and put together the best defense possible. Early Intervention Before Charges Get Filed Sometimes it's possible to stop criminal charges from ever being filed. After making an arrest or investigating a suspected crime, the police take their evidence to the district attorney. The D.A. evaluates the potential case and decides what criminal charges (if any) to file. Usually, the prosecutor makes this decision based solely on what the police present. But often there's much more to the story. Many times our DWI Defense lawyers can also meet with the D.A. during this same time period. We can present our witness statements, our evidence and our information. Knowing your side of the story may affect the D.A.'s calculations. When the prosecutors see the whole picture, not just what the cops (or the alleged "victim") have to say, they may decide to file lesser charges (a misdemeanor rather than a felony, for example).or not to file criminal charges at all (we call this a "D.A. Reject"). Legal "Second Opinions" Perhaps you already have a Texas DWI defense lawyer. Your case has been pending for awhile. Your DWI attorney advises you on a certain case strategy, such as accepting the D.A.'s offer, or taking the case to trial. Now you face a major life decision. And you're just not sure what to do. We can evaluate your case and offer our independent judgment as to your various options and the merits of each. Much like a patient may see another doctor for a "second opinion" before deciding whether to undergo an elective surgery, we can give you a legal second opinion. In the end, we may concur with your present DWI attorney's position. Or we may not. Or we may suggest a totally different approach. But our advice to you will be
Bail & Release Help If your loved one is custody, our DWI defense attorneys can often arrange a "bail hearing" to get bail reduced or to secure an "OR release." We assist inmates in custody at any of the state's jails Drunk Driving Lawyer | DWI Attorney | Drunk Driving Attorney | DWI Lawyers | Drunk Driving Lawyers | DWI Law Firm | Drunk Driving Laws |
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