What Are Some Defenses Which Can Be Used to Combat a DUI Charge in Houston, Texas?
The statistics surrounding drunk driving in Texas are actually quite alarming. According to the Texas Department of Transportation, one person is killed or injured in a DUI crash every 20 minutes. Though drunk driving is very common in this region that does not mean the penalties for it are light. Anyone who gets caught drunk driving generally has to face heavy penalties and their legal consequences only increase depending on how severely they were intoxicated and how much trouble they caused while DUI.
What should I do after getting arrested for DUI?
After a person is arrested under the charge of drunk driving, they should make sure they get in touch with a DUI lawyer in Houston Texas immediately. A DUI lawyer can help a person prepare appropriate defenses in order to have their penalties lightened or even cleared entirely.
Some examples of defenses which can be used to win a DUI case and clear a person’s name include:
- Necessity: If a lawyer can prove that the driver was in imminent danger or had a very strong reason to be driving even while they were under the influence of an intoxicant then it is possible their penalties might be reduced.
- Duress: If a lawyer can prove that the driver was forced by someone else to drive while intoxicated then their penalties may be reduced.
- Involuntary intoxication: If a lawyer can prove that the driver was unaware they had consumed an intoxicant before getting behind the wheel their penalties may be reduced.
- Inaccurate tests: If a lawyer can prove that the BAC test results were faulty due to device malfunction or some other error then the driver’s penalties may be reduced.
- Police misconduct: If a lawyer can prove that the police officer conducted their arrest or obtained their evidence pursuing illegal avenues then the driver’s penalties may be reduced.
Depending on the specific situation of a person’s case, a DUI attorney in Houston Texas will be able to assist in defending them during their court trial in the hopes of having their penalties reduced.
Which defenses are considered invalid for a DUI charge in Houston, Texas?
When a person is fighting their case and trying to clear their name the one defense which cannot be used under any means is making the claim that the person was entitled to consume alcohol or to consume the drug which had intoxicated them.
The laws for DUI are very clear and every member of society is expected to understand the legal and personal consequences of driving while they are intoxicated. Though it may be legal to consume alcohol, it is definitely illegal to operate or drive a vehicle while a person is intoxicated. It’s always a good idea to wait a few hours after a drink before getting behind the wheel, or better yet, getting a ride from a friend or family member.
