It’s the job of the law enforcement officers to clean the streets and keep them free from intoxicated drivers. Their work is truly noble and helps save countless lives. If not for them, your loved ones can fall victim to road collisions made possible by drivers too drunk to sit behind the wheel at any given time.
However, traffic officers are flawed too. They’re also human beings capable of making mistakes at times; they sometimes commit mistakes too great they’re putting law-abiding Texans in jeopardy. No matter how much they want to enforce the law, some the arrests they make may be considered borderline illegal.
If you’ve been charged with DWI in Texas, here are your possible defenses against the arresting officer that put you in your situation:
Questioning the Reliability of the Field Sobriety Tests
Any self-respecting Houston criminal lawyer, according to Dntriallaw.com, would strongly doubt toward the efficacy of roadside sobriety tests. Even if such tests can prove 100% intoxicated drivers guilty of the violation, they don’t eliminate the possibility that sober motorists can fail them too. From the silliness nature of the tests to the subjectivity of the scoring method, field sobriety tests are not objection-proof.
Failing to Inform You
Like in other violations you can possibly commit, your arresting officer must inform you about your rights. Reading you the Miranda rights is the law enforcement’s legal obligation to you when they’re taking you into custody. It’s part of their arresting protocol, and it’s not an option for them to forget it whatsoever.
Displaying Racial Profiling Behaviors
If you feel that your race has been a factor for your arrest, it may be used to help dismiss your case. Regardless of how frowned upon this type of police behavior in this day and age, racial profiling is still so commonplace in America. This is something the jury may consider unacceptable, thus winning their sympathy to prove your innocence.
In a perfect world, police officers have no flaws and can accurately arrest criminals at all times. But, since this is not the where we live in, you need an effective defense strategy to beat your DWI charge.