One of the most common crimes committed by ordinary people is driving under the influence. In some states, this is called Driving While Intoxicated. The reason this offense is so common is that it’s so easy to do. Many people drink socially when going to sporting events, dinner parties or other celebrations. Sometimes, it can be hard to gauge if you’ve had too much. In most jurisdictions, even driving buzzed can be enough to qualify as a DWI. If you ever get into this situation, it is important to get help from the top DWI lawyers in San Antonio. You may actually have a defense to fight back against the charge.
Probable Cause Defenses
One of the most effective defenses to a DWI stop is to assert that probable cause did not exist. The law requires that every officer establish probable cause before conducting a vehicle stop. This means that the officer must have some sort of suspicion that a crime is underway. If you were driving normally and did not commit any traffic infractions, it may be possible to argue there was no reason to pull you over. If successful, the police will not be able to use the evidence against you because it will be suppressed from the record. At the very least, a wobbly showing of probable cause is enough to reduce the charges, if not dismiss them.
Breath Test Issues
Everyone knows that the police test your breath on the scene of a DWI stop. What most people don’t know is that there are several rules and regulations concerning how this can be done. If there was a problem with the breathlyzer machine, or police failed to use the proper procedure it may be possible to assert a defense. If the results of the test are invalidated, the prosecution will not be able to use the evidence against you.
Whenever you are accused of a DWI, make sure you get use the top DWI lawyers in San Antonio. Your reputation and freedom demand it. Contact the Law Office of Jesse Hernandez for more details at jessehernandezlaw.com.
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