Common Ways To Get Your Texas DUI Charges Dismissed
In Texas, DUI charges can come with very serious consequences. This is especially true for anyone who is a repeat offender or for someone who has a criminal background. Some of the consequences include extreme fines, the suspension or revocation of your license, and even jail time in some instances. To add to this, some offenders will be forced to have a costly interlock device installed onto their vehicles. This device is meant to keep them from driving if they have a Blood Alcohol Content level that exceeds a specific amount.
However, for a lot of people that get convicted for this, the biggest consequence comes from the stain that it can leave on your record. When you are convicted, you will have it on your record for years and years which will cause issues having to explain the DUI to future employers, to secure housing, and even when applying for a loan.
Lucky enough, just because you are charged with a DUI doesn’t necessarily mean you are automatically convicted. While it certainly depends on the individual circumstances of your case, having an experienced DUI lawyer on your side can help you throw together a very strong defense in order to get your charges lessened or dismissed. There are various grounds for potential dismissing your case including:
1. Having An Officer Error
While many assume officers don’t make mistakes, that is simply not the case. Having an experienced lawyer on your side can help you put together a strong case in order to help get your charges dismissed if the arresting officer failed to report something properly or otherwise made another error in your arrest details.
2. Infringement On Your Rights
Prior to getting charged with a DUI, the officer must pull you aside in order for them to determine you are under the influence. However, to even pull you over, they must have probable cause to do so. From there, the officer must have reasonable suspicion that you are driving while under the influence. If the officer does not follow the legal protocol set forth, the judge may deem that your rights have been infringed upon which could leave you off the hook.
3. Insufficient Evidence
If you happen to have your case go to court, any prosecution is likely to use the evidence that is gathered at the actual scene of the DUI arrest. Because a lot of roadside sobriety tests have errors and because they aren’t entirely accurate all of the time, your lawyer may be able to prove that there is insufficient evidence.
4. Issues At The Checkpoint
There are a lot of searches that occur at checkpoints that are actually unlawful. This can be due to a variety of reasons including officers infringing on the rights of individuals and more. This includes a person’s right against unwanted search and seizure. Thus, if it is deemed that the checkpoint that led to your arrest was illegal, you are likely to have your case dismissed.
The truth is, every single case is unique. Because of this, you are going to want to have a professional and experience DUI attorney there to help you navigate through it. Having an experienced attorney should give you the best chance to fight the charges because they will be able to spot potential infringements or holes in the evidence that can help you avoid life-altering consequences that can come from getting a DUI.