If you’re facing a DUI charge here in San Antonio, a local DUI defense lawyer with experience in these cases can help protect your driving privileges and minimize the consequences. Several possible defenses may apply to your situation, but only an attorney can tell you what’s right for your needs.
Possible Defenses Against a San Antonio DUI Charge
Challenging the Initial Traffic Stop
Police officers cannot pull over a vehicle without reasonable suspicion that a traffic violation has occurred or criminal activity is taking place. And to have this suspicion, they need to be able to articulate specific, observable facts. Once they’ve made the stop, they then need probable cause to make an arrest for DWI. This may come from observations, field tests, or any statements you made.
If either the stop or the arrest fails these tests, your attorney can file a motion to exclude any evidence they got during the stop, including any test results and statements.
Field Sobriety Test Reliability
There are several standardized field sobriety tests, and their accuracy varies by test from as low as 65% to up to 88% under controlled conditions. The accuracy rate is higher when they’re combined with other evidence in making an arrest decision. The thing is, though, that real-world conditions are rarely ideal. Roadside surfaces may be uneven, lighting is often poor, and the person tested may be dealing with anxiety, medical issues, or other things utterly unrelated to alcohol or any substance.
Also, officers must follow very specific protocols with these tests, and if they don’t, there’s grounds to question the results. Many people assume these tests are definitive proof of impairment, but that’s not the legal or scientific reality.
Chemical Test Accuracy
To do breath testing in Texas, you must have properly certified instruments, they have to be calibrated regularly and properly, and a trained operator has to use them following a mandatory observation period. When the quality control steps are not documented or haven’t been followed, the result can be challenged or given less weight.
Blood testing generally requires a warrant unless there’s an emergency, and the draw must be done by qualified personnel and sent through a proper chain of custody to an accredited lab. Any issues with these steps or the lab methods are opportunities to challenge the results.
Rising Blood Alcohol Concentration Defense
Your blood alcohol concentration typically rises over time after drinking as the alcohol gets absorbed into the bloodstream. The timing of all this is influenced by what food you have or haven’t had, the drink type, your body size, and your metabolism. In some cases, a person can be below the legal limit while driving but test above it later because absorption continued.
A defense based on this requires establishing a very clear timeline of consumption and testing. A toxicologist can then estimate the actual BAC level you would have had at the time of driving.
Talk to a DUI Defense Lawyer Today
A DUI isn’t something you should take lightly, but you do have options worth exploring. Call the Lovorn Law Firm at 830-293-8054 or request a consultation online to talk to board-certified attorneys who focus on strategic defense. We serve the San Antonio, Boerne, New Braunfels, and Kerrville areas and beyond.
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