In this video, Fort Worth criminal defense attorney Benson Varghese discusses the various factors Varghese Summersett attorneys look for in a driving while intoxicated case. In order to beat a DWI, our firm looks for weaknesses within the State’s case and uses those weaknesses to our advantage. More specifically, this video covers 12 ways to beat a DWI in Texas.
There are a number of things that we look at when we’re looking at a driving while intoxicated case. First of all, why do the police begin their interaction with you? One of two things happened. The police came up to a stopped vehicle and they began what they’re probably going to describe as a #1) consensual encounter. The alternative is they stopped your vehicle, or they pulled up behind it, and kept you from leaving. In order to do that, the police need to have established #2) reasonable suspicion. They need to be able to articulate why they detained you there at the scene.
The next thing we look for is #3) probable cause for the arrest. Probable cause is a higher level of proof than reasonable suspicion. For probable cause, the officer has to have specific and articulable facts that an offense had just occurred or was occurring. Here are the officer’s going to look at things like driving behavior. What you did before the vehicle stopped. What your #4) interaction with the officer was like at the scene. So, before he gets you out of the car, he’s asking you questions. Miranda doesn’t apply yet because you’re not in custody. You’re just being detained. So, he’s free to ask you questions that are of an incriminating nature without reading you Miranda warnings. One of the most important questions that he needs to ask you is what time your last drink was because this, with some other facts, will help the prosecutors allege that you were a particular blood alcohol concentration, if they later get a sample. For example, if it takes an hour or two hours or even three hours for the police to ultimately draw your blood in a DWI case, they need something that tells them based on a blood result of X, three hours after the person was driving, we believe at the time they were driving, this is what their blood alcohol concentration was. They go through a process called #5) retrograde extrapolation to do this and this fuzzy math that prosecutors rely on, depends entirely on your answer to the question, what time was your last drink?
We look at how the police obtain the specimen in your case, if there was a specimen, that means #6) the breath or blood result. If there’s a breath result, we know a couple of things. First of all, #7) you consented to give breath. There’s no way to force a person to give breath and there’s no warrant that can order you to give a breath sample. From that breath sample test, we will know certain things. One, #8) whether or not the instrument was working properly. There’s a 15-minute waiting period and observation period that the police are supposed to adhere to before they obtained your breath test. There are cases where we’ve gotten the breath test results thrown out because the police failed to follow the procedures properly.
If you provided a blood specimen, we’re going to look at #9) whether or not that was because you gave consent to give that blood specimen or because the officer went out and got a warrant. If he got a warrant, then that’s an additional area that we get to scrutinize to #10) see if the officer articulated probable cause. It’s one thing to have probable cause. It’s another thing to put that in the affidavit, supporting the search warrant and if the officer there made a mistake. Sometimes it can be what seems to be a minor mistake, like failing to put in the date that the officer observed these facts, that can get blood kicked out. #11) We look at who drew the blood, where the blood was tested, whether or not those test results are reliable and #12) will consider whether or not we want to test the blood on our own.
Ultimately, there are a number of stages where the state’s case might have weaknesses and we’re going to look for those weaknesses and use those weaknesses to our advantage. At our firm, we really believe in a one, two punch. While on one hand, we are gathering all the evidence on the case and scrutinizing the evidence for weaknesses. On the other hand, we are walking you through what you should do to mitigate the charges against you. We want the prosecutor to see you as a person, not a case file, not like the 200 other DWI cases that are sitting on their desk. There’s a 15-day window where you can contest your license suspension. If you don’t request a license hearing within those first 15 days, your opportunity for that is gone.
If you or a family member have been arrested for driving while intoxicated, whether we’re talking about a misdemeanor offense or any offense involving intoxication, all the way up through intoxication manslaughter, contact us immediately.
We hope you found this information about driving while intoxicated and how to beat a DWI useful. For more information about DWI charges, please visit out page on Fort Worth DWI Lawyer.
Have you been charged with a DWI? Need to beat a DWI? Contact us today at (817) 203-2220 or reach out online for a complimentary strategy session. During this call we will: