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DUI Defenses in Texas

There are four categories of defenses to a driving under the influence arrest: challenging the driving observation, challenging behavior observation, challenging field sobriety test, and challenging blood alcohol content defenses.

The driving observation, which is usually the basis of reasonable suspicion and therefore probable cause, is the first point of attack for good Dui defense. The prosecution will likely offer evidence of erratic movement or speeds while driving to establish their case. The defense’s job in this situation is to offer independent explanations for the supposed erratic driving to counteract the prosecution’s case.

The use of independent explanations is also important for challenging the behavior of the motorist once the officer has perform a vehicle stop. While the prosecution will no doubt make the argument that physical or psychological traits such a slurred speech and redness of the eyes are indicators of the presence of alcohol, a good defense counsel might rebut these with examples of everyday situations where these might occur without the involvement of alcohol.  These same physical stimuli, other than alcohol, may also provide explanations for any evidence gathered from the field sobriety test and therefore may be useful in challenging the accuracy of those test during trial.

The fourth, and final, category of challenges related to the BAC test.   These types of challenges usually stem from two possible arguments: the first is that the device is broken and therefore gave a faulty reading of the motorist’s alcohol levels. The second is that an inherent flaw in the device’s testing abilities cause it to make an error. An example of this might be that a chemical test often cannot distinguish between alcohol absorbed through drinking and that produced from other potential sources.


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