Proven Defense Tactics and Strategic Approaches for a Second DUI Offense in Texas
A second DUI offense in Texas comes with life-altering consequences and will often require a rock-solid strategy and a prestigious defense attorney to overcome a conviction. While a repeat DUI charge can be incredibly difficult to represent, several defense strategies have proven successful under certain circumstances. However, given the complexity of Texas’ DUI laws, some foresight is often required to jumpstart a defense. Here are some common defense strategies for a second DUI offense in Texas and some tactics to use during a traffic stop to increase your chances of a successful defense.
Defense Tactics:
- Question the Findings of Breathalyzer and Field Sobriety Tests:
While breathalyzer tests are often the basis of a DUI investigation, these procedures lack a scientific consensus and can be riddled with inaccuracies. Breathalyzer test results often hinge upon officer training and routine maintenance and calibration of the machine and can have a margin of error as high as 0.01%. This has caused many breathalyzer tests to deviate from a blood test by as much as 40 to 50 percent, leading some states to throw out as many as 30,000 test results in a single year Breathalyzer tests can also vary based on individual characteristics, with false positive results being triggered by anything from using mouthwash and common cold medicine to having GERD. Body temperature also has a major impact on breathalyzer test results, with a 1-degree increase over the average body temperature increasing blood alcohol readings by as much as 8%. An attorney can defend those charged with a second DUI offense in Texas by working with a toxicology specialist to scrutinize the accuracy of a breathalyzer test.
A field sobriety test may also be used as evidence against a second DUI offense in Texas, however, with accuracy rivaling that of a breathalyzer test, results are only admissible in court when accompanied by testimony vouching for the accuracy of their administration. There’s a reason why officers will ask whether you’ve recently had a head injury before a field sobriety test, and it’s because some studies have found that field sobriety tests are often objective, and inaccurate anywhere from 30 to 40 percent of the time. The standardized field sobriety tests involving balancing on one leg and walking in a straight line automatically put the elderly, overweight, and disabled at a disadvantage and can be impacted by the weather, an uneven surface, or a defendant’s stress level. A good attorney can often successfully dissect the validity of a field sobriety test, especially if the test was conducted out of view of police dashboard and body cameras.
- Attack the Probable Cause of a Traffic Stop:
Since the Fourth Amendment protects from illegal searches and seizures, For a traffic stop to be considered legal, there must be a reasonable suspicion or cause of a violation such as reckless driving or equipment issues. Probable cause arguments can be most effective if you believe that you are a victim of racial or vehicle profiling. A skilled attorney can substantiate a lack of probable cause for a second DUI offense in which case all evidence obtained during a traffic stop will be suppressed and charges will most likely be dropped.
What To Do When Pulled Over:
- Consent to a Breathalyzer:
Always consent to a breathalyzer test to open up a potential defense strategy. Refusing a breathalyzer test can lead to a blood test being administered which is far more accurate than breathalyzers and likely to hold up in court. Refusing a breathalyzer is also considered illegal under Texas’ implied consent laws and will result in your driver’s license being revoked for two years (for repeat offenses).
- Consider Refusing a Field Sobriety Test:
Unlike chemical tests, field sobriety tests are not mandatory and can be refused if the odds are stacked against you. Taking a field sobriety test rarely works to your defense and often acts as a secondary line of evidence for the prosecution. If you have a predisposition to failing a test, refusal may be beneficial.
- Remain Calm and Quiet:
When pulled over for a second DUI offense in Texas, the best thing for your case is to remain calm, listen to law enforcement, and say as little as possible. While it’s important to answer an officer’s simple questions and small talk, avoid major discussions with law enforcement until in the presence of an attorney.
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