It can be scary to be charged with a DUI, especially if you’re underage, but that doesn’t mean you will be found guilty.
There are different ways that a good lawyer can help you fight the charges against you. They will look at every part of the case to see where the prosecution’s evidence is weak. The goal is to get the charges dropped or reduced.
People know Houston for having strict traffic rules and strong DUI laws. The legal drinking age is 21, and people younger than 21 who are caught driving while drunk can face serious punishments.
However, Houston DUI lawyers have successfully protected many young drivers by calling into question the evidence against them. A skilled lawyer can help you fight for the best possible result if you are charged with underage DWI in Houston.
Here are some strategies they might employ.
Challenging the Legality of the Traffic Stop
A police officer has to have a good reason to stop you. Any evidence gathered after if they didn’t have a good reason to suspect something could be thrown out. Your lawyer will carefully look at dashcam footage and police records to see if the stop was legal.
If the stop was illegal, it would make the prosecution’s case much weaker. If there isn’t enough evidence, the court may throw out the charges. This is one of the best ways to handle DUI situations involving underage persons.
Questioning Field Sobriety Tests (FSTs)
Field sobriety tests don’t always work, especially for young drivers. Officers might think that failing these tests means the person is drunk, but performance can be affected by other things. Stress, poor lighting, or roads that aren’t level can all make the tests inaccurate.
A lawyer will argue that these tests don’t really prove that someone is drunk. The test results might not be used in the case if the court agrees. This could weaken the prosecution’s case against you.
Arguing That There Isn’t Enough Evidence
The prosecutor has to prove that you were driving while drunk beyond a reasonable doubt. If the evidence isn’t strong, your lawyer can argue that there isn’t enough evidence to prove guilt.
It can be helpful if there is missing dashcam footage, witness statements that aren’t clear, or police reports that aren’t complete.
The court may throw out the charges if there isn’t enough strong evidence. A good lawyer will look at every detail to find places where the prosecution’s case is weak.
Objecting to Breathalyzer and Blood Test Results
For breathalyzers and blood tests to be accurate, they must be used properly. False readings can happen when equipment is broken, when it is handled incorrectly, or when it is administered incorrectly. To look for mistakes, your lawyer will ask for records of upkeep and calibration.
The tests may not have been true if there were any issues during the testing process. This could cause the prosecutors to drop the charges or reduce the penalties. A common and effective way to defend yourself is to challenge these tests.
