For a prosecutor to seek a DWI conviction against you, they must have reliable, authentic and legally obtained evidence. Otherwise, their evidence may become inadmissible in court. In other words, they cannot use the proof they have against you to support a conviction.
Even if the police seem to have a mountain of evidence, there is a chance you could have it thrown out. Below are common scenarios where DWI evidence can become inadmissible.
The police violated your constitutional rights
Law enforcement officials must obtain evidence legally, and that goes hand in hand with respecting your constitutional rights. This means that if they want to stop or arrest someone for DWI, they must have sufficient probable cause.
For example, the police cannot make a traffic stop for no reason. If they suspect someone is driving under the influence, probable cause can be swerving, drifting or other signs of impaired driving. The same applies to DWI arrests.
If the police stop or arrest you illegally, any evidence they obtain afterward may be inadmissible.
Illegal search and seizure are another violation of your constitutional rights. A police officer can search your vehicle if:
- You give consent
- The police officer has probable cause
- The police officer believes searching the vehicle is necessary for their safety
- You are under arrest
Police officers do not always need a warrant to search your vehicle. You can refuse the search, but if they proceed anyway, it may become an illegal search. In that case, any evidence they might find in your car may be unusable in court.
Your test results are inaccurate
Police can ask you to perform a field sobriety test if they suspect you of driving while impaired. However, these tests can be subjective. When done incorrectly, the police may deem you impaired even if you are sober.
An officer may also have you undergo a breathalyzer test to measure your blood alcohol content (BAC). While breathalyzer devices allow for rapid testing, they are not always 100 percent accurate. For example, an improperly calibrated device can result in a false 0.08 percent reading, the legal limit for Texas.
Understand your rights to stay out of jail
A DWI charge is not a conviction. If the evidence against you is inaccurate, illegally obtained or downright false, you have a chance of getting it thrown out of court. An experienced criminal defense lawyer can guide you through the process and protect your rights every step of the way.
