Some people might assume that a DWI charge means pleading guilty and hoping for the best, but depending on the circumstances, there are actually a number of potential defenses available.
One line of defense might be arguing that field sobriety, Breathalyzer or blood alcohol tests were somehow inaccurate. For example, one commonly used field sobriety test is the horizontal gaze nystagmus test. This looks at eye movements to determine sobriety, but it can be challenged. A Breathalyzer could be improperly maintained or administered, or a blood test could have been mishandled. If there is a significant delay between the time of the traffic stop and the blood alcohol test, it could also be argued that the person’s blood alcohol content rose during that delay.
An attorney might review the officer’s actions with the person accused of DWI in San Antonio to make sure that law enforcement did not behave improperly. If the person’s rights were violated in some way, the charges might be dismissed.
There are other, less common possibilities that might also be valid defenses. For example, the person could claim to have not been the driver at all. This could be the case if a driver and passenger switched places for some reason. Some medical conditions or prescription medication could mimic the effects of driving while intoxicated. While a person is not supposed to drive while under the influence of prescription medication that could cause issues, if the person can demonstrate that there were valid reasons to believe the medication had worn off, this could be an effective defense. A person also might not be convicted if the alcohol was involuntarily ingested, such as if a drink had alcohol added without the person’s knowledge.
A person who is facing charges for DWI in San Antonio can contact the Law Office of Jesse Hernandez for more information or visit the website at https://www.jessehernandezlaw.com/.
