A Driving While Intoxicated (DWI) charge in Houston is a serious legal matter that can have long-lasting effects on your life. From the potential loss of your driver’s license to hefty fines or even jail time, the consequences can be severe. However, the outcome of your case is not set in stone. Various factors can influence the final result, and understanding these can help you prepare for what’s to come.
This blog post will walk you through ten things that may impact the outcome of your Houston DWI case. Whether you’ve been charged or are trying to avoid one, this information could prove invaluable.
1. The Traffic Stop
The circumstances surrounding the traffic stop are one of the most critical factors in a DWI case. For a DWI arrest to be valid, the police must have reasonable suspicion to stop your vehicle in the first place. This means they need to observe a traffic violation or erratic driving behavior that suggests you may be impaired.
If the stop was conducted without proper cause, your attorney could argue that the evidence collected during the stop should be suppressed, potentially leading to a dismissal of the case.
2. Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to assess a driver’s level of impairment. However, these tests are highly subjective, and several factors can affect their accuracy, such as uneven road conditions, poor lighting, or even the driver’s physical condition.
If you were subjected to FSTs, a skilled attorney like Lanease D. Fuller will scrutinize how these tests were administered. Any mishandling or improper procedures could weaken the prosecution’s case against you.
3. Breathalyzer Test Accuracy
The breathalyzer test is a cornerstone of many DWI prosecutions. However, breathalyzer machines are not infallible. These devices must be properly maintained and calibrated to ensure accurate readings. Even slight malfunctions can produce inflated blood alcohol concentration (BAC) readings.
Your attorney may request maintenance records of the breathalyzer used in your case. If there’s evidence that the machine was not functioning properly, this could call the test results into question.
4. Blood Alcohol Concentration (BAC) Levels
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, BAC levels can fluctuate based on numerous factors such as the time of testing, your metabolism, and the type of alcohol consumed. Additionally, tests taken hours after your arrest may not accurately reflect your BAC at the time you were driving.
Lanease D. Fuller can help evaluate whether your BAC levels were tested under proper conditions. If there are inconsistencies, this can be a critical aspect of your defense.
5. Police Report and Officer Testimony
The police report and the arresting officer’s testimony will play a pivotal role in your case. Officers will detail their observations about your behavior, appearance, and overall demeanor during the stop. Any contradictions or errors in the police report or officer’s testimony could be beneficial to your defense.
An experienced attorney will cross-examine the arresting officer, looking for inconsistencies or gaps in their story that could lead to reduced charges or dismissal.
6. Video Evidence
In many DWI cases, video evidence from a police car dashcam or a body camera can play a significant role in determining the outcome. These videos can show how you were driving, your interaction with the officer, and your performance during field sobriety tests.
If the video contradicts the officer’s report or shows questionable conduct during your arrest, this could be used to challenge the evidence presented by the prosecution. Lanease D. Fuller will thoroughly review any available footage to ensure your rights are protected.
7. Your Criminal History
Your prior criminal record, if any, can heavily influence the outcome of your DWI case. If this is your first offense, you may be eligible for alternative sentencing options such as probation or alcohol education classes. However, if you have prior DWI convictions, the penalties can increase significantly, including longer jail sentences and higher fines.
Lanease D. Fuller will help ensure that your case is presented in the most favorable light, minimizing the impact of any prior convictions where possible.
8. Potential Witnesses
Witnesses can be crucial in defending a DWI case. For example, passengers in your vehicle may provide testimony that contradicts the arresting officer’s version of events. Similarly, bartenders or others who saw you prior to your arrest could testify that you were not intoxicated.
Witness statements can bolster your defense, and Attorney Lanease D. Fuller will identify and interview potential witnesses to strengthen your case.
9. The Role of Expert Witnesses
In some cases, expert witnesses, such as forensic toxicologists, may be called upon to provide testimony regarding the accuracy of the tests used to measure your intoxication levels. These experts can highlight flaws in the procedures used to gather evidence, which could help weaken the prosecution’s case.
Lanease D. Fuller has experience working with expert witnesses who can analyze the technical aspects of your DWI case, providing a robust defense.
10. Plea Bargains and Alternative Sentencing
In some cases, your attorney may negotiate a plea deal with the prosecution, allowing you to avoid the more severe consequences of a DWI conviction. This could include reduced charges or alternative sentencing options like community service, probation, or rehabilitation programs. These alternatives are often available for first-time offenders.
Attorney Lanease D. Fuller is skilled at negotiating favorable outcomes for her clients and will work to secure the best possible result based on the facts of your case.
Understanding the Legal Process After a DWI Charge
Once you’ve been charged with a DWI in Houston, it’s essential to understand the legal process that follows. Knowing what to expect can help you prepare and make informed decisions. After the arrest, you’ll first undergo a booking process, where your fingerprints and personal information are recorded. You’ll either be released on bail or remain in custody until your arraignment, which is the initial court appearance. During the arraignment, the charges against you will be formally presented, and you’ll have the opportunity to enter a plea—either guilty, not guilty, or no contest.
If you plead not guilty, the case will proceed to pretrial hearings, where your attorney can file motions to suppress evidence, such as disputing the validity of the traffic stop or challenging the results of sobriety tests. These hearings are crucial because they may determine whether key evidence will be allowed in court. Negotiations with the prosecution also typically take place during this stage, where a plea bargain might be offered. It’s during this phase that Attorney Lanease D. Fuller’s expertise becomes invaluable. She will assess the strength of the prosecution’s case and explore every possible defense strategy, ensuring that your rights are vigorously protected.
If your case is not resolved during pretrial hearings, it will proceed to trial. A DWI trial can be a complex process, often involving expert witnesses, cross-examination of officers, and detailed examination of the evidence. Should it go to trial, having a seasoned attorney like Lanease D. Fuller ensures that your defense is presented effectively. She will fight to get charges reduced or dismissed, or negotiate a more favorable outcome through alternatives like probation or community service, keeping your best interests at the forefront.
Best DWI Attorney in Houston
Facing a DWI charge in Houston can be an overwhelming experience, but having the right attorney by your side can make all the difference. Lanease D. Fuller has been practicing law for over 28 years and has handled hundreds of cases throughout Texas, including in Harris County, Brazoria County, and Fort Bend County. Her extensive experience with DWI cases, combined with her educational background in criminal justice and counseling psychology, enables her to provide compassionate and competent representation.
One of the key advantages of working with Lanease D. Fuller is her personalized approach. She understands that every DWI case is unique, with its own set of circumstances, and she tailors her defense strategies accordingly. Whether challenging the legality of the traffic stop, questioning the accuracy of breathalyzer tests, or cross-examining police officers, she leaves no stone unturned when defending her clients.
At her independent office in Houston, Attorney Fuller is dedicated to upholding the principles of fairness, integrity, and justice. She prioritizes open communication, ensuring that her clients fully understand the legal process and their options. If you’ve been charged with a DWI in Houston, you need a skilled attorney who can navigate the complexities of Texas DWI law and fight to protect your rights.
Choosing the right attorney could mean the difference between a harsh penalty and a favorable outcome. With her decades of experience, proven track record, and commitment to her clients, Lanease D. Fuller is one of the best DWI attorneys in Houston. If you are facing a DWI charge, reach out to her office today for a consultation and take the first step toward resolving your case.
Lanease D. Fuller Law
4615 S. Frwy St. 820
Houston, TX 77051
713-439-7400
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