If you were arrested for DWI in Collin County or any of the surrounding areas, it is important that you talk with an attorney at the Law Offices of Richard C. McConathy about defenses regarding the DWI Process needed for your case.
Your attorney must conduct a thorough investigation as early in the case as possible. Even small details can have a big impact on how the case is resolved.
DWI Process Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you were arrested for DWI then your defense will depend, in part, on the type of testing that was conducted in your case.
Types of testing in a DWI case can include:
- Refusal to submit to testing;
- Breath Test;
- Blood Test; and/or
- Urine Test.
Many challenges can be brought in the case depending on the type of testing conducted and the procedures followed to ensure the accuracy of the result.
It is your right to refuse a DWI test. Doing so denies the prosecutor critical evidence against you. However, in some cases, law enforcement may conduct a “no refusal” campaign, in which case officers will obtain a warrant to force you to give blood.
If you refuse a DWI test or fail one, though, your driver’s license will be administratively revoked. You have 15 days from your arrest to request a formal hearing to fight the revocation.
Defenses Against DWI Charges
If insufficient evidence exists in your case to prove DWI, then your attorney can file and litigate a motion to dismiss. If evidence was gathered in violation of constitutional provisions, state statutes, or regulations, then a motion to suppress might be filed.
Filing such motions is one of the most effective ways to fight the charges. Call the Law Offices of Richard C. McConathy to discuss your case with a qualified and experienced DWI defense attorney.
Defenses in DWI criminal cases include:
- Contesting blood testing readings with or without a warrant;
- Contesting breath testing readings;
Failure to properly follow regulations to inspect, calibrate and maintain the machine;
Malfunctions of the breath test machine;
Mistakes made by the breath test operator or inspector; - Fighting the license suspension in an administrative license revocation hearing; and
- Motions to Suppress for lack of reasonable suspicion or probable cause for the initial stop or arrest; Community Caretaking Function Exception; Corpus Delicti.
Find A Collin County Attorney to Fight DWI Process | Law Offices of Richard C. McConathy
The information on this website is intended to help alleviate the concern that you have for yourself or a loved one going through this unfortunate event. However, it is only intended to provide general information. It is the unique details surrounding your situation that can make the difference in deciding your case’s outcome. An experienced DWI defense attorney can help guide you through this process.
To learn more about your defense options after a DUI in Collin County or the surrounding communities, call (469) 304-3422 or send an online message. Your consultation is free and will provide you with information on the charges you face, and the Texas DWI process, and highlight your most favorable legal strategies. With nearly a decade of experience, you can rest assured that your trust and future are in good hands.