Many people charged with a DWI think they must give up if their blood alcohol is a certain limit. These people feel that there is no way to win the fight against the prosecutor’s case. This is not always true. There are several DWI defenses that can help you beat a case. In order to be successful, you need to have a DWI defense lawyer Dallas TX by your side. Your defense lawyer can help you assert one of the following defenses.
A Bad Stop
The constitution provides protections for motorists. One of these protections prohibits police from stopping your vehicle without probable cause. Under the Fourth Amendment, law enforcement officials must have reasonable cause or a warrant to order a vehicle to stop. If a police officer acts without satisfying these requirements, it may be an illegal search and seizure. When this occurs, the law provides some very beneficial remedies. Usually, evidence obtained after an illegal search will not be admissible in court. This means that the evidence regarding your blood alcohol level could be thrown out of court. It would be hard for the prosecution to continue a case against someone without this evidence.
Issues With Miranda Rights
Another constitutional protection concerns the Fifth Amendment. Under this amendment, police must inform you that a lawyer can be present during an interrogation. The only way police can continue to question you about a crime is if you waive this right. Of course, a DWI defense lawyer Dallas TX will advise that you should never speak to police without an attorney. It is a violation of the law for police to obtain a statement without providing the advisement. The prosecution cannot use such evidence against you at trial.
More on Defenses
When it comes to DWI defenses, there are many more to choose from. Deciding which one is applicable really depends on the facts of your case. Talk to a DWI defense lawyer Dallas TX to find out how you can fight your case.
For more information visit Khavari & Moghadassi.