Challenging the Arrest
in a South Texas DWI Case
San Antonio, Corpus Christi, Laredo DWI Defense
Defending the wrongfully accused in From San Antonio to Corpus Christi and Laredo
If you have been arrested for driving while intoxicated , you may be wondering whether you can challenge this charge. A driving while intoxicated conviction can drastically alter your standard of living. You may be fired or be unable to get certain jobs, as well as fined and/or sentenced to jail time. If you are arrested for a DWI it is important to consult with and hire a qualified San Antonio driving while intoxicated lawyer. Certain procedures must be followed by law enforcement officials in order to legally stop, detain and arrest a San Antonio driving while intoxicated suspect. Your conviction could be effectively challenged by San Antonio DWI defense attorneys.
In order to challenge the arrest, your San Antonio DWI attorney will first look at grounds for the stop. Was there probable cause? You can not legally be pulled over without probable cause according to the Fourth Amendment of the US Constitution. The cause of the stop must be satisfactorily articulated to the courts in order to be legitimate. If this is not proven, all evidence obtained from the stop can be suppressed.
Assuming the stop was legitimate, there must have been adequate reason for the investigatory detention of the driver past a brief stop. Was there just cause to administer field sobriety tests? Were the field sobriety tests handled properly? If these questions are not answered satisfactorily in court all evidence from field sobriety tests may be suppressed leaving only the officer’s observations from the initial stop as allowable evidence.
Finally, there must be even greater mounting evidence of intoxication in order for the officer to make a DWI arrest. After the arrest, the driver is usually asked to submit to a breath test. If there are not sufficient grounds for the arrest the breath test results, or refusal of breath tests, will be inadmissible.
What can / should you do now?
If you have been arrested for driving while intoxicated , you need a good San Antonio and South Texas defense attorney. Choose your drunk driving defense lawyer carefully. Don’t make your decision based on an advertisement (or website) alone. Make an in-person appointment with a competent DWI defense lawyer. That is why we offer a free in office initial consultation. Come in, meet the attorney and tell your side of the story. A good driving while intoxicated attorney will have a better sense of how to challenge the driving while intoxicated arrest and formulate a defense that will give you the best chance to preserve your freedom and protect your rights. You can schedule a free and confidential appointment by calling The Law Offices of Carabin & Shaw .