Oftentimes, when someone is arrested and charged with a DWI in Texas, they think because they failed a field sobriety test or blood test, that they have no option but to plead guilty. One should never plead guilty to a DWI charge even if they have failed these tests, because a criminal defense attorney can challenge the results of these tests.
Challenging Field Sobriety Tests on Environmental Grounds
The conditions of the location where a field sobriety test is administered can be important. For example, if you are standing on uneven ground, your results could be skewed. Rain, wind, and other environmental factors can play a role in test failure as well.
Challenging Sobriety Tests Because of a Medical Condition
If you are taking medication, suffer from vertigo, or are overweight, this can seriously impact your ability to successfully complete a field sobriety test.
Share your medical history with your defense attorney, particularly if you have had problems with middle-ear infections, vertigo, or you are taking any medication which could result in your being unsteady on your feet.
Challenging Less Obvious Grounds
In some instances, your criminal defense attorney may be able to challenge the results of your field sobriety tests based on what you were wearing at the time of the test. For example, if you were in sandals or flip-flops, or if the clothing you were wearing was tight-fitting, these may provide less than ideal situations for testing.
Challenging Blood Test Results
While police depend on routine Blood Alcohol Level tests (BAC), there are ways to dispute the findings of these tests when they return a positive. For example, an experienced DUI attorney could question the chain of evidence, the handling of the blood, and the experience of the person who ultimately tested the blood.
Sometimes the equipment used to store the blood sample was expired, the sample was stored improperly or at the wrong temperature, or the blood test was not administered by a qualified professional. These are all acceptable ways to challenge BAC blood tests, that may otherwise seem to be working against you.
Challenging Breathalyzer Tests
In many cases, when you are stopped under suspicion of DWI, the officer will ask you to submit to a Breathalyzer test. Because Texas has an implied consent law, if you refuse to take a Breathalyzer test you could be facing the suspension of your driving rights, for as long as six months. However, if you should take a Breathalyzer test and fail, an aggressive DWI lawyer can fight the results.
There are numerous options available to fight back including:
- • Breathalyzer Equipment – The accuracy and maintenance of the equipment used in the test can be challenged. This equipment is very sensitive, and poor maintenance can result in bad results.
- • Operator Experience – The training and experience of the person who administered the initial test can be challenged as well. If the person performing the test was not properly trained, your attorney may be able to have the results thrown out.
- • Other Factors – There are instances where a false-reading can be caused by something other than alcohol consumption. For example, if you recently used mouthwash, if you are taking certain medications, and if you have certain health conditions, you may show a ‘false positive’, or heightened alcohol content in your breath.
If you are facing DWI charge and have been told you failed a field sobriety test, a blood test, or a breathalyzer test, do not assume you will automatically be found guilty. Call us today and schedule a free consultation with an aggressive DWI defense attorney at (214) 740-9955. Our phones are answered 24 hours a day, 7 days a week. You can also reach us by filling out our simple to use contact form.