Did you recently get a DWI? Do you think your constitutional rights were violated? Did a Dallas police officer wrongfully charge you with a DWI? Officers make mistakes, breathalyzers malfunction and evidence can be contaminated. There are many reasons why you may be innocent which is why you have the right to present a defense on your behalf and challenge any evidence the prosecution has.
Was the Stop and Arrest Constitutional?
Police have quite a bit of latitude to carry out their duties, but officers are not allowed to violate your constitutional protection against unreasonable searches and seizures. The Fourth Amendment prohibits law enforcement from pulling over a motorist or stopping a pedestrian unless they observe you breaking any law, traffic or otherwise. In other words, an officer must have probable cause, to stop, detain or arrest you. If an officer is not able to demonstrate cause or have a justifiable reason to arrest you, it may be possible to get your charges dropped.
Reasons You Can Be Wrongfully Arrested for DWI Dallas
If an officer suspects you are driving while impaired, police will ask you to participate in field sobriety tests. You can say no, but you will be in violation of the Texas implied consent law and the offense has frustrating legal repercussions. Whether you submit to sobriety tests or refuse, you need to enlist a DWI lawyer in Dallas to work on your defense.
When an officer suspects you are impaired, they are going to ask you to participate in field sobriety tests, which will test your coordination and cognitive processes. Physical tests require you to stand on one foot or follow a straight line can be difficult for a person with a chronic back problem, a leg injury or foot problem may be unable to complete physical tests successfully. Even though an injury the reason for your poor performance in field sobriety tests.
Poor performance in field sobriety tests is reason enough for an officer to request a breathalyzer or chemical test. Most of the time breathalyzers are scientifically accurate, but they can give incorrect or flawed results. The two main reasons of inaccurate breathalyzers include:
Medical Conditions- Several medical conditions can lead to a false positive on a breathalyzer. Diabetes and hypoglycemia affect the levels of sugar in the person’s bloodstream causing ketoacidosis. Blood sugar issues can give positive results in breathalyzer tests even though they haven’t had anything to drink. Acid reflux and other digestive problems create acid that breathalyzers may misidentify as alcohol.
Improperly maintained or calibrated breathalyzer machines- Breathalyzers can only be accurate if they are regularly maintained and are calibrated correctly. Some officers do not receive adequate training and don’t administer the test correctly. Or, breathalyzers are not calibrated to ensure accuracy.
If you get arrested for a DWI in Dallas, you might be taken to one of the facilities listed below. One of those locations may also be where you have to go to bail someone out.
North Tower Detention Facility
111 W Commerce St.,
Dallas, TX 75208
Dallas County Detention Center
2600 Lone Star Dr.,
Dallas, TX 75212
Decker Detention Center
899 N Stemmons Fwy.,
Dallas, TX 75207
If you need to bail someone out, you can use the Dallas County Inmate Lookup. This tool can also help a criminal defense lawyer locate a client and work on getting them released.
Want an Unassailable Defense? Contact a DWI Lawyer in Dallas
We described just a few of the reasons why you can be wrongfully charged with a DWI in Texas; there are many others. A criminal defense attorney in Dallas will look at the facts of your case to see if you were wrongfully charged and your charges should be dismissed before you go to trial a judge may dismiss your charges, and you no longer need to worry about a DWI. But your case may not be as easily resolved, and you may need someone to build a defense on your behalf.