Houston DWI Defense Lawyer
Possible Defenses Against DWI Charges
Many innocent people find themselves with charges and even convictions
that they do not deserve. Do not let your mistaken
DWI charge in Houston result in harsh penalties. You need to retain a DWI lawyer
in Houston who can clear your name and preserve your freedom. With Mark
Morasch, Attorney at Law, you can find a tenacious advocate, ready to
fight on your behalf. Even if you have field sobriety test results working
against you, this can be overturned, as these tests have been proven time
and again to be erroneous. It is possible that a defense of your case
can even begin from the moment when you were pulled over by law enforcement.
Consult an experienced Houston DWI attorney today to find the possible
defenses for your case.
Unlawful Police Stop
First of all, you should never have been charged with driving while intoxicated
if the officer had no reason to pull you over. Police cannot stop you
unless they witnessed some sort of traffic violation, such as running
a red light or speeding. They also can pull you over for expired tags,
a missing tail light or other issue with the car itself, not necessarily
related to your driving. Even if an officer had a valid reason to pull
you to the side of the road, there had to be further probable cause to
test you for intoxication. There had to be something like an open container
of alcohol in the front seat or the strong smell of alcohol on your breath.
You may very well be able to get your charges dismissed if a DWI attorney
can establish that you should never have been stopped in the first place.
Failed field sobriety tests in Texas?
If the officer had enough justification to test you for a possible DWI,
then he or she may administer
field sobriety tests, such as the horizontal gaze nystagmus, the one leg stand, the walk and
turn, etc. These tests are liable to error. A simple lack of focus or
coordination can make an officer think you are drunk, and you could be
arrested for a DWI. On a loud street or in humid weather, distraction
and tiredness can cause you to perform poorly. This is not to mention
the fact that you are already under pressure, which can be enough to throw
you off. It is very possible that an experienced legal advocate can get
these test results thrown out.
Defense Against Failed Breath and Blood Tests
In Texas, there is an implied consent law. This means that you must comply
with any chemical tests. While you are allowed to refuse, your driver's
license will be suspended for at least 180 days (an officer must tell
you this is the consequence before you refuse). If serious physical injury
or wrongful death occurred as a result of the accident, then chemical
tests can be taken against your will. If you fail a test, then you will
have to give the officer your license, and you will be given a temporary
permit that lasts 41 days. You will have 15 days to request a DMV hearing
to defend your driving privileges. An attorney can help you assert that
the officer lacked probable cause, or that you in fact did not refuse
Fighting Against Chemical Tests
While a refusal to take
breath and blood tests plays into the prosecution's hands, a failed test can be overturned.
There is ample room for error with breath tests, as the breathalyzer requires
regular cleaning and calibration. The police officer must also administer
the test correctly, which includes observing you for enough time to ensure
that nothing will skew the test. For example, vomiting and burping just
before blowing into the breathalyzer can make it appear that you have
a higher blood alcohol content (BAC) than you really do.
Even the more reliable blood test is far from infallible. As something
as simple as a time delay could land you a false DWI charge. Due to the
body's delayed absorption of alcohol, you may have taken to the road
with a legal BAC, but by the time you were tested, your BAC might be 0.08
percent or higher. There also is the chance that there was error in how
the sample was sealed, leading to contamination. Mislabeling has occurred
in some cases, causing blood samples to get mixed up. When testing the
sample, the lab technician has to be exact in how much solution is put
in, or else the result can be erroneous.
Do not pay the price for an undeserved DWI charge!
A false conviction could put a misdemeanor or even a felony on your record.
This could means anything from 180 days in jail and fines of up to $2,000,
all the way up to 2 to 10 years in prison and fines of up to $10,000.
You could also face years of
driver's license suspension, restricting your freedom and perhaps putting your job in jeopardy. If
you are convicted of a
felony DWI, this will scar your personal record. Being a convicted felon can make
it extremely difficult to find a good place to live, get a job, and obtain
a loan. You should not have to live with the consequences of a mistaken
Former Prosecutor Now a Houston DWI Lawyer on Your Side
Attorney Mark Morasch understands that a DWI charge can be a scary thing,
especially when you are not guilty. If you have been charged, even now,
a prosecutor may be working to get you convicted. As a
former prosecutor himself, Mark Morasch will know how to counter the prosecution, and
he has the
successful track record of getting charges dismissed.
Named one of
Houston's Top Lawyers by
H Texas Magazine for five years straight, Mark Morasch has more than 20+ years of experience
that he could to work for your defense. Whether you face an
underage DWI or a felony DWI, Mark Morasch has the experience and skill to fight for
you. If you face a DWI charge, you cannot afford to delay. You can get
started on your case right now when you fill out a
free case evaluation. Do not hesitate to
contact me, Houston DWI attorney, Mark Morasch, to learn more about what he can do
for you. Call today!