How Mistaken DWI Arrests Occur

 Posted on February 24, 2025 in DWI

It is possible to get arrested for a DWI while you are sober. The police are not always able to accurately gauge a driver’s level of intoxication at the roadside. Once you have been placed under arrest, the police are incredibly unlikely to release you even if your chemical tests suggest that you are not under the influence of any substances or have a very low BAC.

If you have been charged with a DWI you are innocent of, you need an aggressive Parker County, TX DWI lawyer with trial experience. It may be possible to have your case dismissed for lack of evidence in the early stages depending on the specific facts of your case. However, if the court will not agree to dismiss the case, going to trial to seek an acquittal may be your best option. DWI cases rarely go to trial, but a trial may be well worth it to avoid conviction for an offense you did not commit.

Field Sobriety Tests Can Make Sober People Look Drunk 

Police officers sometimes rely too heavily on field sobriety tests to determine if a driver is intoxicated. Field sobriety tests are inherently flawed. A lot of people have medical conditions that could affect their balance or ability to walk in a perfectly straight line. Police officers do not always listen even when a driver tries to explain that a health condition will affect his or her performance.

Additionally, no two people are asked to take field sobriety tests under the exact same conditions. This greatly limits the usefulness of these tests. You might have performed poorly on your field sobriety tests not because you were intoxicated, but because it was very windy or you were on an uneven surface.

The Nose Knows Little

Police officers can be very quick to assume that a driver is intoxicated because they smell alcohol or marijuana. The odor of alcohol can remain on a person’s breath for hours after just one drink. Designated drivers might have drinks spilled on them. The odor of marijuana could be present simply because the driver was around others who were smoking but did not partake.

Medical Events Mistaken For Intoxication

Many chronic and emergent medical conditions can mimic intoxication. Police officers are trained to look for criminal behavior, not health issues, and they tend to see what they are looking for. People with low blood sugar, active strokes, and conditions that affect their speech have been mistaken for drunk drivers and arrested.

Contact a Parker County, TX DWI Lawyer 

Soraya Joslin, P.C. will do all it can to ensure you are not convicted of a crime you did not commit. Dedicated Weatherford, TX DWI attorney Soraya Joslin will fight to have your case dismissed or win an acquittal at trial. Contact us at 817-599-7005 for a complimentary consultation.