Posts Tagged ‘DUI Defense in Dallas’

Dallas DUI Attorney Answers Do I Have a Defense to My DUI or DWI Charge?

Tuesday, January 28th, 2014

If you have been charged with driving under the influence (DUI), or driving while intoxicated (DWI) in Texas, you likely have a tough fight ahead of you regardless of whether you are guilty or innocent.  Each DUI and DWI charge has its own set of unique facts that attorneys can evaluate to determine if the charged person has any potential defenses to the charge.  Regardless of whether or not you believe you may be guilty, the police may have made a mistake in the process of pulling you over, searching you and/or your vehicle, and arresting you.  Further, the prosecutor may have made a mistake when actually charging you after looking at the police reports and other available evidence.

Common Defenses to DUI and DWI Charges

You may have a legal defense to a DUI or DWI charge in one or more of the following situations:

  • You were pulled over with no legal justification, meaning a police officer did not have authority to pull you over in the first place (i.e., you were pulled over based on race or ethnicity);
  • No probable cause existed to arrest you for a DUI or DWI, meaning that there was nothing significant to suggest you were actually under the influence when you were pulled over; and
  • You were not provided your Miranda Warnings as part of being arrested

In addition to these potential defenses, you may also be able to present factual defenses to a DUI or DWI charge.  For example, if you failed a field sobriety test because you were not able to walk straight, or were off balance, you may have a reasonable justification for such behavior that has nothing to do with being under the influence.  Explanations for failing a field sobriety test or Breathalyzer test include, but are not limited to, the following:

  • You did not fully understand the instructions that were given to you;
  • You were sleep-deprived when you were pulled over and not able to perform the tasks properly;
  • You had physical or mental impairments that prevented your ability to successfully complete the test; and
  • Your eyes appeared to be bloodshot for health reasons, such as allergies, being sick, or irritation from wearing contact lenses

Whatever legal defense you believe you may have, or whatever factual scenario you believe explains your behavior, an attorney will be able to evaluate your case to determine if a court is likely to dismiss your DUI or DWI charge.  The innocent do not deserve to suffer at the expense of a police officer’s misconduct, or because of conduct that was mistakenly believed to be that of driving under the influence.  Even if you are innocent, the steps to presenting and arguing defenses can be difficult and time-consuming.  It takes a seasoned Dallas criminal defense attorney to determine what the best course of action is to take for your particular case.

Contact Dallas DUI/DWI Attorney Jack Pettit Today

Being charged with a DUI or DWI can have devastating consequences for you.  To find out if you may have been wrongfully charged or have a good defense to a charge, you need the assistance of a qualified Dallas criminal defense attorney as soon as possible.  With more than 30 years of experience, Attorney Jack Pettit has the skill required to help you fight your DUI or DWI charge.  Mr. Pettit devotes a significant portion of his practice to defending clients charged with DUIs and DWIs, and will use his expertise to defend your rights to the fullest.  To speak with Mr. Pettit, contact our office today at (214) 521-4567 to schedule a consultation.  We offer bilingual services in English and Spanish, and also accept major credit cards.