How do I beat a DWI charge in Texas? My name is Justin Wilson. I’m the founding owner and senior attorney at My Dallas Criminal Lawyer, a criminal defense firm based in Frisco, Texas. Before starting the firm, I served as a prosecutor in the Collin County District Attorney’s Office, so I know exactly how the State builds a DWI case. In this video, we talk about what we do to beat a DWI in Texas.
1. Fight the Legality of the Initial Police Contact
It first comes down to seeing if we can fight the legality of the initial police contact with our clients. If we can find evidence that there was a lack of reasonable suspicion or probable cause for the officers to initially detain our clients, we have a chance of getting all the evidence gathered after that initial detention thrown out. That leaves prosecutors with no other choice but to dismiss the case.
2. Attack the Standard Field Sobriety Tests
Next, we try to figure out if we can combat those standard field sobriety tests. SFSTs are the backbone of officers gathering probable cause to make a DWI arrest. They consist of three tests: the eye test, known as horizontal gaze nystagmus; the walk and turn, where our client takes nine heel-to-toe steps down a line, turns around, and takes nine heel-to-toe steps back; and the one leg stand, where our client stands on one foot for 30 seconds, looking down at their toes and counting out loud. Officers are looking for clues of intoxication. What we are looking for is mistakes the officers made in how they administered or evaluated those tests. Remember, they are called standard field sobriety tests. There is a standard the officers are supposed to follow, and oftentimes they fall short.
3. Scrutinize the Breath or Blood Evidence
Next, we look at whether the officers had valid legal consent when they took a specimen of our client’s breath or blood. If our client refused, did the officers get a legal search warrant to take blood against their wishes?
4. Challenge the Retrograde Extrapolation
Lastly, there is something called retrograde extrapolation. The blood analyst who testifies for the prosecution at trial cannot just say what your lab report showed a couple of hours after you were pulled over. They actually have to be able to prove what your BAC would have been at the time you were driving. That is a lot easier said than done.
It Takes a Skilled DWI Lawyer
When it comes down to it, there are a number of ways to beat a DWI charge in Texas: the legality of the initial detention, the administration and evaluation of the SFSTs, the consent or warrant behind the blood draw, and the analyst’s protocols and retrograde extrapolation. But you need a skilled, experienced DWI lawyer to help you do it. From our Frisco office we defend DWI cases across Collin, Denton, and Dallas Counties. Call (214) 764-5535 to book your free consultation.
Related: Do I have to complete SFSTs? and Requesting an ALR hearing after a DWI arrest
Frequently Asked Questions
Can a DWI charge be beaten in Texas?
Yes. The main attack points are the legality of the initial stop, the officer’s administration of the field sobriety tests, the legality of the breath or blood draw, and whether the State’s analyst can prove your BAC at the time of driving.
What happens if the traffic stop was illegal?
If there was no reasonable suspicion or probable cause for the initial detention, the evidence gathered after it can be thrown out, which typically forces prosecutors to dismiss the case.
What are the standard field sobriety tests?
Three tests: horizontal gaze nystagmus (the eye test), the walk and turn, and the one leg stand. Officers must administer them to a standard, and they often fall short.
What is retrograde extrapolation?
It is the calculation the State’s analyst must perform to prove what your BAC was at the time of driving, not just at the time of the blood test hours later. It is much easier said than done.
