Possible Defenses Against a DWI Charge

 Posted on October 10, 2025 in DWI and DUI

A charge of driving while intoxicated (DWI) in Texas can be very stressful to deal with. If convicted of this charge, you face not only the threat of incarceration, but the suspension of your license as well. However, an accusation of DWI does not necessarily mean that you are guilty. A Cooke County, TX drunk driving defense lawyer can help you fight these charges, exploring different legal strategies suited to your case.

At Magaña & Van Dyke, we have prior experience handling allegations of DWI, and we have successfully gotten charges dismissed for a repeat DWI. You can count on our firm to provide you with strong counsel and representation throughout your case as we seek the best possible outcome.

Three Possible Defenses for a Drunk Driving Charge in Texas

The best defense for a drunk driving charge should be carefully tailored to your individual circumstances. Our firm can meet with you to discuss the details of your case and develop an individualized defense strategy.

Unlawful Traffic Stops

Police need to follow certain procedures to pull motorists over for traffic stops. When these procedures are not followed, it could constitute a violation of your rights. 

In Texas, police need reasonable suspicion in order to pull you over. This essentially means that the officer needs to have reason to believe that you committed or were in the process of committing a crime. If the officer cannot articulate his or her reason for the traffic stop, like witnessing you swerving between lanes or speeding, it might be deemed an illegal stop, and any evidence obtained from the stop could be suppressed.

Lack of Evidence

In a DWI case, keep in mind that the prosecutor needs to prove your guilt beyond a reasonable doubt. The case against you could be dismissed if there is not enough evidence to suggest that you were either driving with a blood alcohol concentration of .08 percent or more or driving while your physical or mental faculties were impaired by drugs or alcohol.

Additionally, the statute for DWI (Texas Penal Code Sec 49.02) also specifies that you can only be charged with this offense while operating a motor vehicle in a public place. If you can demonstrate that you were not in a public place or that you were not actually driving the vehicle, the prosecution’s case could be weakened.

Inaccurate Test Results

Law enforcement officers use field sobriety tests and chemical blood or breath tests to gauge a driver’s degree of intoxication. However, the validity of these tests can be scrutinized and challenged by a skilled DWI defense lawyer.

A driver’s performance of field sobriety tests can be skewed by external factors like sleet or poorly maintained roads. Similarly, chemical testing equipment needs to be properly calibrated and regularly maintained. Even if the BAC readings are only slightly off, there is a significant difference between a result of .06 percent and .08 percent.

Contact a Denton County, TX Criminal Defense Lawyer

If you have been accused of driving while intoxicated, do not hesitate to seek legal representation. Our Cooke County, TX drunk driving defense attorneys are here to stand up for you in court. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation today.