If your friend or relative is facing DWI charges, you might be worried about their future and unclear about what you can do to help. It's critical to remember that your loved one's detention has likely left them feeling very disturbed. In this extremely trying time, learning about DWIs in Texas and lending your support can mean the world to them.
Suppose a driver operates a vehicle while their blood alcohol content (BAC) is higher than the permitted level. In that case, law enforcement will consider them intoxicated and violating Texas law. The threshold for most adults is .08 percent.
Police will ask a driver for permission to submit to a breathalyzer or blood test if they suspect an intoxicated driver. In criminal proceedings for DWI charges, the prosecution can use a positive breathalyzer or blood test results showing a BAC higher than the permitted limit as evidence against your loved one.
Alcohol is not always necessary for intoxication. Drugs can also make it difficult for a person to drive safely, but a routine breath test or other blood tests may not always detect them. Therefore, even if a driver's blood alcohol content is below the legal limit, police can still arrest them for DWI.
In Texas, state law gives police the right to detain a driver on suspicion of driving while intoxicated if they have reason to believe that the person does not have the regular use of physical or mental faculties because of alcohol, controlled substances, illegal drugs, or a combination of two or more.
Although it may seem like you cannot do anything for your friend or relative, you can ask about the specifics of their DWI arrest. For example, you can check if the police arrested them based on concrete evidence or if the person failed a chemical test.
Answering these questions might help you better understand the charges your loved one might be up against and the evidence the state might use to demonstrate their guilt.
Suppose law enforcers arrested your friend or a member of your family on suspicion of DWI, and they agreed to a chemical test. In this case, you should inform them that the prosecution can use their blood or breath test results, but they may not be reliable.
Therefore, it is vital to encourage your loved one to consult a DWI lawyer with a track record of success in challenging the validity and admissibility of this type of evidence. The court may drop the charges your family or friend is facing if the state cannot present evidence to support its case.
Moreover, the court can only find your loved one guilty of DWI if the state can establish their guilt of the offense beyond a reasonable doubt. They may be able to avoid criminal responsibility for the alleged DWI if there is any question as to the validity of the results of chemical blood testing.
Try to find out what kind of chemical testing the police conducted to obtain DWI proof in the case of your loved one. Additionally, you can ask your friend to describe the encounter with the police or medical personnel to see if you can spot any details that appear odd or out of place.
Finally, if something doesn't seem right, you can express your worries to a DWI attorney since they could use this information to your friend's advantage.
Is any of your friends or relatives facing DWI charges in Texas? The emotional and moral support you provide will be beneficial in the days, weeks, and months that follow. However, the most important thing you can do for your loved one is to find an experienced and skilled DWI attorney to handle the criminal case.
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