Common Misconceptions About DWIs
Jan. 17, 2025
Drivers in Texas often hear about DWIs and wonder if they fully understand what these charges really involve. At The Law Office of Aaron Fonseca, located in McAllen, Texas, clients often need to discuss criminal defense because it’s not always clear how serious a DWI can be or what options might be available.
Misinformation can lead to confusion, stress, or fear, especially when a person’s license and freedom are at stake. Keep reading to clarify common misconceptions about DWIs.
An Intro to DWIs in Texas
DWIs in Texas refer to a situation where a driver is charged with operating a motor vehicle while impaired by alcohol or other substances. This charge usually arises when someone’s blood alcohol concentration (BAC) is measured at or above 0.08%. However, an officer can also arrest someone if there are clear signs of impairment, even if the BAC is below 0.08%.
Many people learn this information only after being stopped at a checkpoint or a roadside pullover, which underscores the importance of understanding how police assess driver behavior.
Texas law enforcement agencies have a range of methods for monitoring suspected DWI offenses. They typically rely on:
Field sobriety tests: These evaluate a driver’s balance, reflexes, and ability to follow instructions
Breathalyzer machines: These measure the driver’s BAC through a breath sample
Blood tests: In some instances, a blood draw is done to confirm the exact level of intoxication
While the presence of these tests seems straightforward, the procedures surrounding them can be more involved than most realize. It’s also important to note that refusing one or more tests might carry immediate penalties, including license suspension.
The Basics of DWI Stops and Arrests
Law enforcement usually initiates a traffic stop when there’s probable cause, such as swerving between lanes or failing to maintain a consistent speed. Once the vehicle is stopped, the officer might ask the driver to step out and participate in one or more tests.
If those tests suggest impairment, the officer can make an arrest. This series of steps feels intimidating to many drivers, but it’s designed to evaluate the immediate situation and gather evidence for or against a DWI charge.
Once an arrest is made, drivers might be offered chemical testing—often with a breath or blood sample—to measure BAC. If that reading confirms an unlawful level of intoxication, drivers typically face charges.
However, it’s crucial to recognize that no case is purely about a number. Criminal defense often involves reviewing video footage, test calibration records, or potential health conditions that may interfere with test accuracy.
Legal procedures in Texas are structured to allow defendants the opportunity to present facts that may affect the prosecution’s ability to prove intoxication beyond a reasonable doubt. This leads to the many myths that swirl around DWI situations, starting with the idea that failing a field sobriety test automatically leads to a conviction.
Common Misconceptions About DWIs
Misinformation about DWI charges often stirs up unnecessary anxiety or sets unrealistic expectations for how a case might play out. By addressing these misconceptions, drivers can see where they stand if they’re facing charges that call for a criminal defense strategy.
“I only had a little to drink, so I’m fine”: A relatively small amount of alcohol can still impair judgment or coordination. Each person’s tolerance level is different, and factors like body weight and metabolism affect how quickly alcohol is processed.
“If I refuse the breathalyzer, they can’t arrest me”: Refusal often triggers administrative penalties, including license suspension. Officers may also rely on other evidence, such as field sobriety test results or signs of impaired driving, to support an arrest.
“My case will get thrown out if I’m polite to the officer”: While being respectful during a stop is a good practice, politeness doesn’t erase evidence if the officer sees clues of intoxication.
“I can’t get a DWI if I wasn’t driving”: In Texas, physical control of the vehicle may be enough for charges to be brought against you. Even sitting behind the wheel in a parked car while intoxicated could pose legal complications.
“A first-time DWI isn’t that big of a deal”: A conviction can bring license suspensions, fines, and other criminal penalties that might affect your job and future plans. A first offense is definitely taken seriously.
Acknowledging these misconceptions can help individuals see the situation more realistically and potentially prompt them to talk to a lawyer. Some might assume they can handle a case on their own, while others prefer professional advice. Either way, it’s helpful to keep learning about the bigger picture surrounding DWI allegations.
Additional Factors That Influence DWI Outcomes
After looking at common myths, it’s helpful to consider some of the nuances that affect how a DWI case might proceed in court. These considerations often guide a criminal defense approach because they shed light on whether breathalyzer or blood test results might hold up under scrutiny.
Test maintenance or calibration: Breathalyzer machines have to be routinely calibrated. If this isn’t done properly, test results may be inaccurate.
Weather and road conditions: A driver’s inability to walk straight could be a product of slick pavement or uneven terrain, rather than intoxication.
Underlying medical conditions: Certain conditions like hypoglycemia or neurological issues might mimic intoxication symptoms.
How the officer conducted the stop: If there was no valid reason for the initial stop, the evidence might be challenged.
Each of these factors could come up during court proceedings. They don’t automatically invalidate evidence, but they’re part of a broader picture that criminal defense lawyers often evaluate. Dismantling myths about DWIs goes hand in hand with understanding how these additional elements can shape the final outcome of a case.
This also leads to how defense strategies are formed and why some people see different results than others with seemingly similar charges.
The Role of Criminal Defense
Anytime someone is charged with a DWI, the stakes include fines, possible jail time, and future consequences like difficulty finding a job or renting a home. A strong criminal defense often includes close analysis of the evidence—from whether the officer had grounds to make the stop to whether the breathalyzer was working correctly.
Texas courts don’t automatically convict someone just because the arresting officer suspected intoxication. Instead, the prosecution has to prove the allegation beyond a reasonable doubt. People sometimes think that going to court is a formality and that a conviction is inevitable. That’s another misconception. While no lawyer can predict an outcome, there are circumstances in which a case can be challenged or disputed.
By looking at the precise conditions of the traffic stop and any relevant scientific or procedural issues, defendants have options that might lead to reduced charges or alternative sentencing arrangements.
It’s also worth remembering that some cases revolve around situations like prescription medications or substances that cause drowsiness. Others involve defendants who only tested slightly over the 0.08% limit. All of those details matter when forming a defense.
Strategies For Addressing a DWI Charge
When myths about DWIs have been set aside and a person is ready to address the situation, a handful of practical strategies might come into play. Depending on the facts, people often consider:
Legal consultation and review: Many individuals start by asking a lawyer to look at the police report, field sobriety test performance, and any available dashcam footage.
Challenging breath or blood test accuracy: Test machines can be off if they’re not maintained or calibrated. In some cases, there might be a chance to demonstrate that the results were flawed.
Discussing plea deals: If the state’s evidence is strong, there might be an option to negotiate for lesser charges that carry reduced penalties.
Examining any rights violations: If an officer didn’t have probable cause to stop the vehicle or didn’t conduct the arrest properly, it could affect the case’s outcome.
Understanding these strategies can help people make informed decisions about how to address a DWI charge. The more accurate details a defendant has, the easier it is to figure out whether challenging the evidence or cooperating with a plea is the more sensible approach.
Criminal defense is all about looking at what actually happened rather than relying on guesses or assumptions.
Contact The Law Office of Aaron Fonseca
Drivers charged with a DWI in Texas deserve straightforward answers about criminal defense. Our lawyer at The Law Office of Aaron Fonseca serves individuals throughout Texas, including Harris County, Fort Bend County, Galveston County, and Brazoria County.
We know how a DWI can affect your daily life and future, which is why we’re here to explain your options. Call today to discuss the next steps and how we can assist with criminal defense.