According to Texas Criminal Code Section 55.01, you cannot expunge a DUI conviction from your criminal record.
Because of this. it is incredibly important to defend against any DUI charges. There are various defenses you might consider using.
Challenging the traffic stop
Law enforcement must have a valid reason, such as reasonable suspicion or probable cause, to pull you over. If you feel there was no justification for the stop, it could weaken the prosecution’s case.
Questioning field sobriety tests
Officers commonly use field sobriety tests, such as the walk-and-turn or one-leg stand, to assess a driver’s impairment. These tests are subjective, and you can challenge them based on factors like the officer’s instructions or environmental conditions that may have affected your performance.
Disputing breath test results
Breath tests can produce inaccurate readings for various reasons, including calibration issues or improper administration. You can challenge the accuracy of these results by questioning the maintenance records of the device or the qualifications of the operator.
Rising BAC defense
Alcohol takes time to absorb into the bloodstream, so it is possible that your blood alcohol content was below the legal limit at the time of driving but increased afterward. You could argue that you were not over the limit while operating the vehicle.
Violation of Miranda rights
If law enforcement failed to properly inform you of your Miranda rights, any statements you made during your arrest may not be admissible in court. This can impact the prosecution’s case significantly.
It is important to note that the effectiveness of these defenses may vary depending on the specific circumstances of your case and the laws in the jurisdiction. Facing DUI charges is a serious matter, and you must take navigating this challenging situation seriously to avoid a conviction.
