While nobody plans on being arrested for DWI (driving while intoxicated), unfortunately, it is something that happens everyday to so many citizens of Collin County. While many individuals make the mistake of getting behind the wheel after having too much to drink, there are also many, many cases where there have been errors in the DWI process, giving the defendant possible defenses for their DWI case.
Not every DWI arrest is handled properly, nor is every blood test, or Miranda Rights reading, or other aspects of the Collin County DWI arrest process. When law enforcement fails to properly guide the arrested individual through proper procedure, certain evidence may become inadmissible in court.
DWI charges and their ensuing penalties can be extremely harsh for Collin County citizens. You can face steep penalties that include court fees, fines, suspended drivers license procedures, and even jail sentences if you’re a multi-offender. As a result of this, you need to make sure that you’re protected by a criminal defense lawyer.
When you need a defense to a DWI, The Law Offices of Richard C. McConathy are here to help. As a veteran lawyer with decades of experience, Richard McConathy and his team are willing and ready to take on every challenge you throw our way. Are you looking for more information or have some questions about how we might help your situation? If this sounds like you, feel free to call us at 469-304-3422 to schedule an appointment with a member of our litigation team.
● DWI Evidence Not Admissible
● Elements of a DWI in Collin County Not Met
● Failure To Follow Dallas DWI Procedures
● Constitutional Violations for Texas DWI
● Collin County Resources for DWI Defenses
Not every piece of evidence is always admissible in a court of law. At times, evidence in DWI cases will be deemed inadmissible, due to a variety of reasons. Some of the most common causes of inadmissible evidence include law enforcement failing to follow DWI procedures, mishandling blood samples, or conducting an illegal interrogation.
Evidence that is illegally obtained cannot be used in a court of law, and by hiring a knowledgeable defense attorney, you will have the help you need to suppress evidence like this. If you plan on fighting your case, you will most definitely want your lawyer to look into the case’s evidence to see what can be suppressed.
DWI convictions in Collin County require the prosecution to prove beyond reasonable doubt that the defendant committed the crime in question. While DUI and DWI-related allegations can be extremely surprising and even frightening at times, understanding the criminal process may help put you at ease.
According to the Texas Penal Code Ann. § 49.04, driving while intoxicated is defined as an individual operating a motor vehicle in a public place while being intoxicated. Intoxication occurs when the driver’s physical and mental capabilities are hindered by alcohol, drugs, or a controlled substance.
There are so many prosecutors who try to convict individuals of this crime without having sufficient evidence. Because of their extremely lofty burden of proof, it can sometimes be hard for the prosecution to prove beyond a shadow of a doubt that the defendant is guilty of each and every one of their accusations.
At times, law enforcement officers fail to properly follow DWI procedures in Collin County and its surrounding areas. There are very specific steps that are involved in the process of arresting an individual for suspected DUI, and if they are not followed, you may have a very strong defense option for your case.
For example, police officers must read your Miranda Warnings to inform you of basic information and rights, such as the right to remain silent. While this may not seem like a noticeable error, law enforcement must recite your Miranda Rights to you. If this has not happened and you feel as though proper DWI procedures have not been followed, you need to contact a Plano criminal defense attorney as soon as possible.
Constitutional violations take place when law enforcement officers conduct traffic stops for DWI without any sort of probable cause. For example, if you were not committing a traffic violation such as speeding or failing to maintain your lane, the police officer who pulled you over under suspicion of DWI may have violated your Fourth Amendment rights.
Probable cause is necessary for a police officer to pull you over and investigate you for a suspected DWI. If you were following the law and driving accordingly, you may be able to use your constitutional violation as a defense to your DWI or DUI-related case.
Texas Penal Code: Chapter 8 - This link takes you to Chapter 8 of the Texas Penal Code. Here, you can learn more about the general principles of criminal responsibility, as well as some of the general defenses you may need to be aware of.
Texas Alcoholic Beverage Commission - This link will take you to the official TABC website. Here, you can find more information about renewing/reinstating your license, and learn more about the statistics surrounding DWI in Texas.
Being aware of the potential defenses to DWI can be the difference between years behind bars and retaining your full rights as a free member of society. If you’re worried about your DWI charges, potential license suspensions, jail time, and everything else that comes along with a DWI conviction, the Law Offices of Richard C. McConathy can help you.
For decades, Richard McConathy and his elite team of litigation specialists have helped countless individuals in Plano, Frisco, McKinney, Allen, and other surrounding areas of the county. If you think you may need legal assistance, time is of the essence. Call us at 469-304-3422 for more information on how our team can help you reach a favorable outcome in a Collin County court of law.