McAllen Criminal Defense
Criminal defense for dwi cases in mcallen
McAllen Criminal Defense Lawyer -DWI Charges
If you have been charged with Driving While Intoxicated (DWI) in McAllen, Texas, it is crucial to understand your rights and the legal options available to you. I am dedicated to providing aggressive and effective defense for individuals facing DWI charges. In this article, we will explore how to fight DWI charges based on the laws of the state of Texas and the protections offered by the Fourth Amendment of the United States Constitution.
Understanding DWI Laws in Texas
In Texas, the legal blood alcohol concentration (BAC) limit for operating a motor vehicle is 0.08%. If a law enforcement officer suspects you of driving while intoxicated, they may pull you over and conduct field sobriety tests or request a breath or blood test to determine your BAC level.
The Fourth Amendment and DWI Stops
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This protection extends to traffic stops, including those initiated for suspected DWI. To ensure the legality of a DWI stop, the following conditions must be met:
Reasonable Suspicion: Law enforcement officers must have a reasonable suspicion that you have violated a traffic law or committed a crime.
- Probable Cause: After the initial stop, if an officer has probable cause to believe that you are intoxicated, they may proceed with further investigation and arrest.
Challenging the Legality of a DWI Stop
As a skilled McAllen criminal defense attorney, we will thoroughly review the circumstances of your DWI stop and arrest to determine if your rights were violated. Some common defense strategies based on the Fourth Amendment include:
Lack of Reasonable Suspicion: If the officer did not have a valid reason to initiate the traffic stop, the evidence obtained during the stop may be suppressed. We will scrutinize the details of the stop to ensure your rights were respected.
Inadequate Probable Cause: If the officer lacked sufficient evidence or failed to establish probable cause for your arrest, we can challenge the legality of the subsequent actions and seek to have the charges dismissed.
Unlawful Search and Seizure: If law enforcement conducted a search of your vehicle or person without a valid warrant or consent, we can argue that the evidence obtained should be excluded from the case.
Building a Strong Defense
While challenging the legality of a DWI stop is one potential defense strategy, our experienced legal team will explore all available options to build a strong defense tailored to your case. Some additional defenses we may employ include:
Faulty Breathalyzer or Blood Test: Breathalyzer devices and blood tests used to measure BAC levels are not infallible. We will examine the accuracy and reliability of the tests administered in your case.
Field Sobriety Test Errors: Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be affected by various factors. We will investigate whether these tests were administered correctly or influenced by external conditions.
Rising BAC Defense: It takes time for alcohol to be absorbed into the bloodstream, which means your BAC level may have been lower at the time of driving than at the time of testing. We will explore whether this defense applies in your situation.
Consult with a Skilled McAllen DWI Defense Lawyer
If you are facing DWI charges in McAllen, Texas, you need a knowledgeable and aggressive criminal defense attorney on your side. I have a proven track record of successfully defending clients against DWI charges by challenging the legality of stops and utilizing effective defense strategies.
Don't hesitate to contact us today to schedule a free consultation. I will review your case, explain your rights, and work tirelessly to protect your freedom and future. Remember, time is of the essence, so act now to secure the best possible outcome for your DWI case.