A DWI arrest in Houston TX can be a frightening experience that leaves you with many questions about what comes next for you and your case. Having an experienced lawyer fighting for you can make all the difference in getting a positive outcome. Your lawyer will walk you through the process every step of the way as they work to defend you and your rights.
First, your lawyer will examine the State’s case against you for any evidence that can be suppressed, which could lead to a favorable result for you. They will look in a few key areas: the traffic stop, the DWI investigation, and the lab results.
The Traffic Stop
By Texas law, a person cannot be pulled over without probable cause. If the officer who initiated the traffic stop didn’t have an apparent and legitimate reason to stop you, the evidence resulting from the traffic stop could end up being suppressed, which would be a severe blow to the prosecution’s case.
Your lawyer will ask you questions about the stop and the events leading up to the officer’s pulling you over. If you asked the officer, as is your right, why you were stopped, the reason they gave could help as your lawyer builds your defense.
The DWI Investigation
Once an officer suspects that you have been drinking, they will initiate a DWI investigation. They don’t need to tell you that they have started this process and will use anything that you have said or done against you. Even if you have disclosed information that is harmful to your case, your attorney will still work tirelessly to defend you. There are specific rules that need to be followed by police officers that, if broken, can be an opportunity your lawyer can use to defend you against the State. Your attorney will pour over the evidence in order to spot the prosecution’s weakness.
It is standard practice for the officer to perform a series of field sobriety tests to determine if you are intoxicated. However, these tests have been notoriously unreliable, and the DPS results can be easily explained away by an experienced DWI attorney in Houston TX. Some of the tests can result in a false positive due to various medical conditions, unfavorable weather or environment, or even a nervous or anxious state of mind. By being honest and truthful with your lawyer about the events surrounding your stop, you can give them the best chance at securing a favorable outcome for your case.
“I am very grateful for Ms. Ionescu. I was afraid I would go to jail and she told me that she would help me and she did. She fought for me and I am very happy with the result I got.” Neil
If you have been charged with a DWI, contact Andreea Ionescu today for a free consultation. During this important meeting, she will explain what you can expect from a lawyer who cares about your case and will be with you through every step of the process. Call 832-509-0222 today and get one of the most well-respected DWI lawyers in Houston TX defending you and your rights.
The Consent or Warrant
As a part of their DWI investigation, the officer will ask for a breath and a blood sample. In order to take either sample, they need your consent. If there are any questions regarding your voluntary consent to the collection of a breath or blood sample, that can benefit your case.
If you do not give your consent for a breath or blood sample, the officer will get a warrant. Most of the time, the judge will sign the warrant requiring you to give the samples they are requesting. Your lawyer will need to examine the warrant to ensure that it was completed correctly. If there are any problems with how the warrant was created or executed, that can significantly help your case.
The Test Results
The officer will run tests to determine your alcohol concentration, the amount of alcohol in your system. If your BAC (blood alcohol concentration) or your BrAC (breath alcohol concentration) is .08% or greater, you may be charged with a DWI. Even after you’ve been charged, there are still many options available to fight the case against you.
Some models of the Intoxilyzer, the machine used around the country for breath tests, have been shown to be unreliable and are a standard line of defense. Having a DWI attorney on your side who knows the science of the breath tests and how to use the Intoxilyzer device the officers use is vital to properly defending your case. Hiring an attorney who doesn’t understand these tests could lead to detrimental results.
Your lawyer will also look at the lab that handled your blood sample for any potential areas of defense. If your sample was processed incorrectly or by people who had improper qualifications, your lawyer will use that as an opportunity to get any of the evidence suppressed and the charges against you reduced.
Skilled attorneys are able to call into question the timing of events. In some cases, it can be difficult for the State to prove that you were intoxicated above the legal limit when the traffic stop happened. By knowing the intricacies of the protocols required to be followed by the State and the science behind those decisions, your lawyer can give you the best chance possible with your case.
Andreea Ionescu is a former Harris County prosecutor who has a reputation for fighting for her clients. Due to her years of experience and empathy for those she represents, she is known by many clients as one of the top DWI attorneys in Fort Bend County. She truly takes the time to understand and connect with her clients and has been able to secure positive outcomes in many cases over the years.
Call 832-509-0222 today to speak with Andreea about your case.
“She is the best DWI attorney in Houston. She is a former prosecutor and she knows a lot about DWI cases. She explained to me how things would happen in court, and that is exactly how it happened. She always got to court on time.” Joe