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Do you know that in Texas you do not have to be driving a vehicle to be arrested for Driving While Intoxicated? As long as an officer has reason to believe you've enabled a vehicle for use, you're liable for arrest. The impact of a DWI charge can affect you for a lifetime, so you'll need a defense attorney who understands the legal process of fighting alcohol-related offenses. Keep watching as we take a look at some of the defense strategies an attorney may use to reduce or eliminate your DWI charge.DEFENSE STRATEGY OVERVIEWYou failed sobriety testing and your Blood Alcohol Content over the legal limit. Don't give up, an attorney with a solid track record for defending DWI and DUI cases will look at your case to see if there are legal flaws. If evidence has been improperly obtained, your DWI defense attorney will file a motion to have the evidence suppressed or thrown out. If the judge agrees with the claims made in the motion, the prosecutor will not be able to use that evidence. To obtain a conviction in Texas, officers must prove intoxication, intoxication in public, the operation or intent to operate a motor vehicle.NO PROBABLE CAUSEThe officer must have probable cause to assume you were driving drunk and arrest you. Slurring speech as the officer talks with you, or the car smelling like alcohol can be probable cause. A failed field sobriety test, or stumbling as you walk or stand can be other indicators. These observations will normally satisfy a judge that there was probable cause for the arrest. Most police cars have dashcam videos which are a way they justify a traffic stop. Your DWI defense attorney will request a copy of that video as part of the discovery process. This allows both of you to view your behavior and sobriety test performance.CHALLENGE FIELD TESTSThe results of a sobriety test may be negatively impacted by weather, the ground where the officer gave the test, a person's physical ability or disability, anxiety, and fatigue. The field sobriety test is a total of three separate tests used during a traffic stop to determine a person's impairment. The tests were developed in the 1970s and have been scientifically validated as admissible in court. The accuracy can be challenged in court, as each shows different rates of accuracy and leaves room for inaccuracies.FALSE BREATHALYZER RESULTSIt is possible to get a false breathalyzer test result because of causes other than alcohol. This happens because the machine only provides an estimate of alcohol. Acetone, which most people naturally have on their breaths, can result in a false reading. Other factors such as a low-carbohydrate diet can increase the acetone levels in the body. Breathalyzer machines measure acetone as alcohol, giving a false positive.NO MIRANDA WARNINGPolice normally issue a Miranda warning prior to questioning anyone in police custody. If you were not Mirandized and made an incriminating statement, that statement may be inadmissible in court. It is important to realize that if you receive a Miranda warning and continue to talk voluntarily, the prosecution will use anything you say to prove their case.The best defense for driving while intoxicated is hiring a DWI attorney. The law offices of Scott M. Brown & Associates serve clients throughout the Houston area. They have a proven record of "not guilty" verdicts for DWI charges and will work hard to provide you the best DWI defense. Call today to schedule a consultation, or schedule an appointment online. And if you enjoyed this video, be sure to like, comment, and subscribe for more! --CTA: Get Personalized Legal Services with Responsive ActionURL: SBrownLawyer.com