If you were arrested for DWI in Collin County or any of the surrounding areas, it is important that you talk with an attorney at Law Offices of Richard C. McConathy about defenses that might exist in your case.
Your attorney must conduct a thorough investigation as early in the case as possible. Even small details can have a big impact in how the case is resolved.
If you were arrested for DWI then your defense will depend, in part, on the type of testing that was conducted in your case.
Types of testing in a DWI case can include:
Many challenges can be brought in the case depending on the type of testing conducted and the procedures followed to ensure the accuracy of the result.
It is your right to refuse a DWI test. Doing so denies the prosecutor critical evidence against you. However, in some cases, law enforcement may conduct a "no refusal" campaign, in which case officers will obtain a warrant to force you to give blood.
If you refuse a DWI test or fail one, though, your driver's license will be administratively revoked. You have 15 days from your arrest to request a formal hearing to fight the revocation.
If insufficient evidence exists in your case to prove DWI, then your attorney can file and litigate a motion to dismiss. If evidence was gathered in violation of constitutional provisions, state statutes, or regulations, then a motion to suppress might be filed.
Filing such motions is one of the most effective ways to fight the charges. Call Law Offices of Richard C. McConathy to discuss your case with a qualified and experienced DWI defense attorney.
Defenses in DWI criminal cases include:
1. Contesting blood testing readings with or without a warrant;
2. Contesting breath testing readings;
Failure to properly follow regulations to inspect, calibrate and maintain the machine;
Malfunctions of the breath test machine;
Mistakes made by the breath test operator or inspector;
3. Fighting the license suspension in an administrative license revocation hearing; and
4. Motions to Suppress for lack of reasonable suspicion or probable cause for the initial stop or arrest;
Community Caretaking Function Exception;
If you were arrested for DWI in Collin County, then contact an experienced DWI attorney at Law Offices of Richard C. McConathy to discuss the potential defenses in your DWI case. Call (469) 304-3422 today.