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Fighting Wrongful DWI Arrests

Updated: Jun 25, 2024 @ 1:57 am

Reading Time: 5 Minutes

Fighting a false DWI arrest in Brazoria County can be an intimidating experience. If you or a loved one were falsely accused of drunk driving in Angleton or elsewhere in Greater Houston, our law firm has a few legal remedies that might help.

Here at the Law Office of Sandra J. Oballe, we have decades of experience helping people wrongly charged with DUI & DWI offenses in Harris, Galveston, and Brazoria County. We’re committed to providing robust defense strategies to protect the rights of our clients. We’re also committed to helping you restore your reputation following such an event.

If you have questions about retaining legal counsel following a false arrest for DWI or DUI, contact Angleton DWI lawyer Sandra Oballe today at 713-524-6656 or 979-265-6800.

Understanding False DWI Arrests


A false DWI (Driving While Intoxicated) arrest occurs when an individual is wrongfully arrested for operating a vehicle while under the influence of alcohol or drugs. “Drugs” can be defined as either a controlled substance or a prescription.

Several factors can lead to such wrongful accusations followed by an arrest. A few of these include faulty breathalyzer tests, inaccurate field sobriety tests, or police misconduct.

Again, if you have questions about how we might assist with your particular situation, you’re encouraged to contact our law office 24 hours a day, 7 days a week.

You Have Constitutional Protections

There are some instances where your arrest can be the result of police violating your rights.

Under the Fourth Amendment of the Constitution of the United States, you’re protected from unreasonable searches and seizures performed by law enforcement. This amendment is meant to ensure that law enforcement adheres to proper procedures. If your rights were violated during a DWI stop, we’ll have grounds to challenge the legality of the arrest.

Texas Law and Drunk Driving Arrests

Per the Texas Penal Code, a person can be charged with DWI if their blood alcohol concentration (BAC) is 0.08% or higher while operating a motor vehicle.

During a suspicion of DWI-related traffic stop, a driver’s BAC can be determined by a variety of field sobriety testing. However, inaccurate BAC results or improper testing procedures can be grounds for contesting the charge.

Immediate Best Steps Following a False DWI Arrest

  1. Document Everything: Record every detail you remember about the arrest. Document the officer’s conduct, the tests administered, and any statements made. Some of our former clients had the foresight to put their cell phones in “record mode” during their interaction with law enforcement. More often than not, this type of evidence can be quite beneficial during the legal defense process.
  2. Secure Legal Representation: Contact our law firm or an equally qualified criminal defense lawyer in Angleton who focuses on DWI defense immediately. Early intervention can significantly affect the outcome of your case in a positive fashion.
  3. Request an Administrative License Revocation (ALR) Hearing: If you’re charged with DWI or DUI, Texas will suspend your license immediately, regardless of whether you’ve had your day in court. You’ll have 15 days from the date of your arrest to request an ALR hearing. During this hearing, we’ll have the opportunity to contest the suspension of your driver’s license.

Defense Strategies

  1. Challenging Field Sobriety Tests: Field sobriety tests are often subjective. Various factors, including medical conditions, weather, or road conditions, can influence such tests.
  2. Questioning Breathalyzer Accuracy: Breathalyzers must be correctly calibrated and maintained. We’ll investigate the history or the device and the officer’s training to ensure compliance with the required standards. If we find problems, it could lead to the complete dismissal of the charge.
  3. Reviewing Police Conduct: Any deviation from standard protocols or evidence of misconduct can help your defense. During the process of developing a defense strategy for your case, we’ll meticulously review body cam footage, police reports, and witness statements.

Potential Penalties for a DWI Conviction

In Texas, DWI penalties can be severe.

Misdemeanor Cases

Even a first-time offense can result in fines, license suspension, and jail time. Subsequent offenses carry harsher penalties, including longer jail sentences and substantial fines.

First & second offense DWI cases are classified as misdemeanor criminal offenses. A conviction usually means county jail time ranging from a few days to a year. Most defendants adjudged as guilty may get time-served and a fine.

Felony Cases

3rd offense DWI cases or offenses where drunk driving led to the injury or death of another person are classified as felonies. This is also true for individuals arrested for DWI or DUI with a child passenger present.

If you’re convicted of a felony DWI offense, the prison sentence can range from 6 months to life in prison.

Civil Remedies

If you were wrongfully arrested for drunk driving, you might have grounds for a civil lawsuit against the arresting officer or police department. Under Texas law, false arrest claims can be pursued if there was no probable cause for the arrest or if excessive force was used.

Why Choose the Law Office of Sandra J. Oballe?

Full-Service DWI & Criminal Defense Services

At the Law Office of Sandra J. Oballe, we’ve defended the rights of individuals in Angleton, Brazoria County, TX, and Houston, Harris County, TX, since 2003. With our extensive experience helping people, we’re in a position to provide personalized legal strategies tailored to your unique situation.

Angleton DWI Lawyer Sandra Oballe’s commitment to excellence ensures you’ll receive the highest standard of legal representation. We’re here to stand by your side, challenge the allegations against you, and secure the best possible outcome for your case.

Getting Started

If you or someone you know were falsely accused of Driving While Intoxicated, don’t hesitate to reach out. For legal assistance in Houston, call us at 713-524-6656. For support in Angleton and Brazoria County, contact Angleton DWI Lawyer Sandra Oballe at 979-265-6800.

Schedule Your Free Consultation Today!

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