Practice Areas

DWI Defense Attorneys – Overview

Does the State have a solid case against you?

If you or a loved one has been arrested for driving while intoxicated, the police and prosecutors would have you think that you are as good as convicted. Don’t believe it. Do not assume that you will be found guilty. Here is what the prosecutors usually will not tell you. Your San Antonio DWI defense lawyer can challenge your charge at every stage. Often times, the prosecution does not have the solid case that they might make you believe they have.

It is important to have an experienced DWI defense lawyer examine the evidence of your arrest. Below is a small list of the many challenges to your arrest that your attorney can make depending on the evidence of your individual case.

Why Experience Counts in a Texas DWI Case

   

This section of the website is divided into several sections that will help you quickly find the information that you are looking for:

FREE CASE EVALUATION

OVERVIEW

CHALLENGES

CONSEQUENCES

OTHER DWI CONSIDERATIONS

Illegal Stop – Did the Police have the right to stop you?

The police officer must have a legal reason to pull you over. Some of the reasons that an officer can pull you over for are:

  • a traffic violation
  • broken tail light
  • or weaving into other lanes

However, if the officer did not have probably cause to pull you over, then the officer made an illegal stop. In that case, the evidence gathered at that stop must be thrown out. We will examine the police officer’s “dash-cam” to find out if the officer had probable cause to pull you over. Often times the officer will pull you over for weaving, but you didn’t actually weave into another lane. It is not illegal to weave in your own lane even if your tire touches the line. You have to actually weave into another lane before probable cause can be established. There are far too many aspects of the illegal stop challenge to list on this web page. Suffice it to say that a knowledgeable our San Antonio and South Texas driving while intoxicated lawyers can explain to you what the best defense for your case will be based on the individual circumstances of your arrest.

Implied Consent and Miranda Rights

The arresting officer must make certain things clear in order for an arrest to be legal. Some common mistakes that officers make is failing to get your consent to do a breath alcohol test and failure to explain your Miranda rights, i.e. “you have the right to remain silent, you have the right to an attorney, etc. Your rights must be given to you or certain evidence may not be used against you in court.

Challenging the Field Sobriety Test

Arresting officers often get creative with their field sobriety tests. You do not have to tell the police anything, and you should not. You have the right to be silent and you have the right to an attorney. You have the right to refuse to cooperate with any of the testing the officer requests. Remember to be polite but firmly refuse to cooperate with the testing. Do not admit to drinking, when asked, you can exercise your right to remain silent. Exercise your rights. Assume that you are being recorded at all times after your arrest. You may be recorded even prior to the traffic stop, the officer may have a camera in his car, which he will then use to record the entire stop, including any statements you make. Be careful of even talking in the jail.

Protect your rights and your freedom. Contact our office as soon as possible and let us start to aggressively fight for you today The Law Offices of Carabin & Shaw .