If you've been charged with Driving While Intoxicated (DWI) in Texas, you're likely feeling overwhelmed, anxious, and uncertain about what comes next. A DWI is a serious criminal charge that can affect every aspect of your life—from your job and your family to your finances and your freedom. But a DWI charge is not the same as a DWI conviction. There are many defenses available, and having the right attorney by your side can make all the difference.
If you're looking for an experienced DWI attorney in Houston, TX, Attorney Eric Benavides of Benavides Law Group is here to help. He has been practicing in Harris County since 2008 and understands how to fight DWI charges from every angle. He won’t pass your case off to a junior associate. When you hire Eric Benavides, you're getting a seasoned criminal defense attorney who will personally handle your case and fight to protect your future.
This article explores the many potential defenses to a DWI charge in Texas, emphasizing the importance of hiring a knowledgeable and dedicated DWI lawyer like Eric Benavides.
1. Not Actually Intoxicated
One of the most fundamental defenses is that you were not intoxicated at the time of driving. The prosecution must prove beyond a reasonable doubt that you lost the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of substances. Just because you had a drink doesn’t mean you were legally intoxicated.
A skilled DWI attorney can challenge the officer’s observations and the standardized field sobriety tests (SFSTs), which are often subjective. Eric Benavides is well-versed in demonstrating how these tests may not accurately reflect impairment. One of the best ways to argue that someone was not intoxicated is to use the Time of Driving Defense.
2. Time of Driving Defense
The law requires the prosecution to prove that you were intoxicated at the time you were driving, not an hour later, not two hours later—at the time of driving. This defense is particularly relevant when there is a delay between the time of the alleged driving and when the police made contact with you, or a delay between the stop and the breath or blood test.
This timing gap can result in inaccurate breath or blood test readings. After a person stops drinking, depending on your body function, your alcohol level can continue to rise for over 2 hours! You may have been over .08 at the time of the test, but under at the time you were driving! Your attorney can raise reasonable doubt about whether you were intoxicated when you were actually behind the wheel. This defense is best used when your breath or blood test comes back only slightly over the legal limit.
3. Bad Blood Test
Blood tests can be challenged on multiple fronts:
- Contamination of the sample
- Improper storage
- Chain of custody issues
- Lab errors or outdated equipment
Attorney Eric Benavides understands how to cross-examine lab technicians and forensic scientists to reveal weaknesses in the test results.
4. Faulty Breath Test Machine
Breathalyzers must be properly maintained and calibrated. If the machine was malfunctioning or hadn’t been recently calibrated, its results can be unreliable. Additionally, medical conditions like GERD can skew the readings.
An experienced DWI lawyer will examine the breathalyzer maintenance logs and operator certification records to challenge the accuracy of the test.
5. 15-Minute Observation Period Violation
Texas law requires that a person be observed continuously for at least 15 minutes before a breath test to ensure they haven’t eaten, vomited, burped, or put anything in their mouth. Failure to comply with this rule can make the breath test inadmissible.
Eric Benavides knows how to expose this common procedural error to benefit your case.
6. Illegal Traffic Stop
If the officer didn’t have reasonable suspicion to initiate the traffic stop, everything that happened afterward—including breath or blood tests—can be suppressed. This is one of the most powerful defenses in a DWI case.
Attorney Eric Benavides frequently argues and wins suppression motions based on unlawful stops.
7. Coerced Consent for Blood or Breath Test
Officers sometimes coerce individuals into giving consent by promising they’ll get to go home if they pass the test. That’s not valid consent—it’s manipulation. Consent must be free and voluntary.
Benavides has successfully challenged cases where officers used threats or false promises.
8. Language Barrier and Invalid Consent
If English is not your first language and the officer did not adequately explain your rights, any “consent” you gave may be invalid. Law enforcement is required to make sure you understand what you’re agreeing to.
Eric Benavides fights to protect the rights of non-native English speakers, ensuring they are not taken advantage of during investigations.
9. Failure to Read DIC Paperwork
DIC paperwork informs you of your rights regarding blood and breath tests. If an officer fails to read this paperwork—or reads it incorrectly—the results of the test may be inadmissible in court.
An attorney like Benavides will review every detail to catch these critical procedural flaws.
10. Miranda Violations
If you were interrogated while in custody and not read your Miranda rights, any statements you made could be suppressed. This could eliminate incriminating evidence from your case.
Eric Benavides knows how to identify Miranda violations and use them to your advantage.
11. Suppressing Field Sobriety Tests (SFSTs)
SFSTs are prone to error and bias. Factors like nervousness, uneven surfaces, or medical conditions can affect your performance. If the officer failed to properly administer the tests, they can be suppressed.
Benavides often challenges the use of these tests, especially when clients are older or overweight.
12. Age, Weight, and Medical Conditions
Older individuals or those with medical conditions or certain body types may struggle with balance and coordination regardless of alcohol consumption. This makes field sobriety tests especially unreliable.
A seasoned DWI lawyer like Eric Benavides can show how your unique circumstances made the tests invalid.
13. Attacking Officer’s Credibility, Training, and Experience
The officer’s word is not always gospel. If they lack proper training, have a history of misconduct, or failed to follow protocol, it can weaken the case against you.
Attorney Benavides meticulously investigates the officer’s background and cross-examines them in court.
14. No Proof You Were Driving
In some cases, no one actually saw you driving. If there’s no admission, no witness, and the car wasn’t on, how can the prosecution prove you were behind the wheel?
This is a common defense in parked car DWI cases, and Eric Benavides has successfully defended many such cases.
15. Prolonged Detention
Once a traffic stop is made, officers must have a reason to extend the detention. If they prolong the stop without justification, any evidence gathered afterward can be thrown out.
Benavides scrutinizes dashcam and bodycam footage to identify unlawful detentions.
Why You Need an Experienced Houston DWI Lawyer
A DWI conviction can haunt you for life. It can raise your auto and life insurance rates, cause you to lose your job, and affect professional licensing. That’s why it’s critical to fight the charge with everything you have.
Hiring the right attorney is your first and most important step. You want someone who:
- Has experience (Eric Benavides has practiced since 2008)
- Won’t pass you off to a junior associate
- Is familiar with the judges, prosecutors, and police in Houston
- Truly cares about your future
At Benavides Law Group, you’re not just another case. You’re a person who deserves strong, passionate representation.
Call Attorney Eric Benavides Today
Don’t gamble with your future. Call Benavides Law Group today and speak directly with Attorney Eric Benavides. Let him evaluate your case, discuss possible defenses, and build a strategy to fight your DWI charge.
A free consultation could change your life. Let Eric Benavides help you take control of your future.