After you are arrested on a DWI charge, there are a couple of things that will happen next. Before you go to jail, you are asked whether or not you want to take a breath test or a blood test. If you say no to the breath test in San Antonio and in surrounding counties, they are going to get a warrant for a blood draw. If you say no to a breath test you are forcing the police to take the following steps.:
1) Draw up an affidavit describing why they think you are intoxicated
2) Convince a Magistrate to sign a search warrant giving them authority to draw your blood
3) Wait for a Registered Nurse, or another authorized person, to become available to draw your blood
The above process can take hours. The longer the process takes the less relevant the result of the test is to whether or not you were intoxicated at the time that you were driving. The length of time it takes is one of the inherent advantages of a blood test over a breath test.
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Don’t Succumb to a DWI/DUI Charge; Get it Dismissed with the Help of the Attorneys at The Locke Law Group in San Antonio, TX
Fighting a DWI/DUI charge in San Antonio, TX isn’t as hard as you may think it is—so long as you have the right attorney by your side. Many people assume that if they were drinking, there’s nothing they can do to avoid a conviction. Many other people incriminate themselves on the spot by answering all of the police officer’s questions and submitting to the field sobriety tests. What most people don’t realize is that every officer has one goal in mind during a DWI/DUI stop: find evidence to justify their decision to conduct an arrest, and find more evidence to ultimately justify a conviction. Regardless of how friendly an officer seems to be, or how many times they tell you that honesty will set you free, it is critical that you remember your right to remain silent and your right to obtain an attorney. All too often, the residents of San Antonio, TX forget that they have these rights, and they end up suffering because of it.
If you’ve already been charged with DWI/DUI in San Antonio, TX you still have many options at your disposal, and they all begin with the attorneys at The Locke Law Group. Depending on the circumstances surrounding your charge, the following are just a few of the DWI/DUI defenses that may work for your case:
- The breath, blood, or urine test was conducted improperly or on a non-calibrated machine- It is well-known among DWI/DUI defense attorneys that the breath and blood or urine test results commonly used as evidence to convict people are frequently inaccurate; this is something the police and prosecutors don’t want you to know, but it’s one of the first areas of attack for an experienced DWI/DUI attorney.
- Evidence was obtained during an illegal search and seizure- If evidence used to support a DWI/DUI charge was obtained during the course of an illegal search and seizure in San Antonio, TX, a DWI/DUI attorney can move to have that evidence dismissed prior to trial. If successful, the prosecutor’s case would be seriously weakened, and your case could be dismissed.
- The officer had no probable cause for the traffic stop which led to the arrest for DWI/DUI- Police officers cannot stop people at random just because they feel like it; an officer must have reasonable suspicion for a traffic stop, which could be generated by speeding, failing to signal a lane change, running a stop sign, or failing to maintain your lane. In the absence of a traffic infraction, it would be difficult for an officer to justify the initial stop, and therefore difficult to move forward using anything that was discovered after that point.
These are just a few of the most common DWI/DUI defenses put forth by the attorneys at The Locke Law Group, and there are countless others at their disposal. When you retain their services, they will begin by sitting down with you on a one-on-one basis, hearing your side of the story, determining which defense is best suited to the facts of your case, and then gathering the necessary evidence and documents for putting forth that defense. The consequences of a DWI/DUI charge are serious, and can threaten your career, your freedom, and the well-being of your family members. Don’t risk losing the life you’ve built in San Antonio, TX; reach out to us today.
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