DWI With Multiple Child Passengers Part 5

 Posted on May 20, 2024 in DUI/DWI

Getting arrested does not mean that you will definitely get convicted. You have rights when you have been charged with a crime. You have rights when a police officer pulls you over and while you are in custody. Although getting charged with a felony DWI for carrying multiple child passengers puts you in a precarious legal position, an experienced Houston, TX DWI defense lawyer might find that you have a strong legal defense available.

Defending DWI With Child Passenger Charges 

Fortunately, you and your retained DWI defense attorney have much you can and should do to fight felony DWI with child passengers charges. Just because you face a felony DWI charge does not mean that the court will convict you of that charge. When you retain a skilled and experienced DWI lawyer for your defense against a DWI with child passengers charge, your attorney may raise and advocate for multiple affirmative defenses to the charge. Prevailing on any one or more of these defenses could result in the prosecution abandoning or reducing the felony DWI charge, the court dismissing the felony DWI charge, or the prosecution offering an acceptable plea bargain.

Premier DWI defense attorney Doug Murphy may recommend and aggressively and effectively pursue one or more of the following defenses to your felony DWI with child passengers charge:

• The arresting officer may have lacked reasonable suspicion for stopping your vehicle so that any resulting evidence becomes inadmissible under the exclusionary rule,

• The arresting officer may have lacked probable cause for sobriety testing to investigate and confirm your intoxication so that incriminating test results are inadmissible,

• The arresting officer may have lacked probable cause to search your vehicle so that any observations of child passengers or open containers, drugs or paraphernalia, and other evidence within the vehicle are inadmissible,

• The investigating officer's sobriety test results may be invalid and unreliable because of the training, methods, observations, and records involved,

• Laboratory test results regarding intoxication levels may be unreliable because of the failure to properly obtain, preserve, store, and retrieve samples for testing,

• Test results may further be unreliable for failure to calibrate, maintain, and properly operate testing equipment,

Other violations of your constitutional rights against unreasonable search and seizure may have occurred, requiring the suppression of evidence, or violations of your Miranda rights may have occurred requiring that the court bar as inadmissible any admissions you made of misconduct.

Contact a Harris County, TX Felony DWI Defense Lawyer 

Murphy & McKinney Law Firm, P.C. is highly experienced in representing people accused of felony DWI for carrying a child passenger. Houston, TX felony DWI attorney Doug Murphy is exceptionally well-qualified in DWI defense. Contact us at 713-229-8333 for a complimentary consultation.