There are ways to beat a DWI conviction if you’ve been charged

If you’ve been accused of driving while intoxicated in Texas and a breathalyzer test was used, fighting the charges is essential. You may be able to challenge breathalyzer results in court. Our criminal defense attorney can help.

Reliability of the breathalyzer test

One of the first ways to combat a DWI charge is to question its reliability. In a previous case, a judge ruled that a specific breathalyzer testing device was “not scientifically reliable.” If this device was used in your case, you may have a way to win.

[Related: Drunk Driving Breath Tests Often Shown To Be Inaccurate]

Incorrect Calibration

To accurately measure your blood alcohol concentration, the breathalyzer testing device must be calibrated correctly. If an officer can’t testify that they calibrated the device accurately when you were pulled over, you may have a way to beat the DWI charge.

No Breathalyzer Training

If the officer taking the reading of the breathalyzer testing device in your case hasn’t gone through the proper training to use the device, it may be shown to be unreliable in court.

Illegal Search

When the calibration is correct and the officer has had breathalyzer training, you still can win a DWI case. To beat the charges, the officer must have had reasonable suspicion to stop your vehicle, such as reports you were driving poorly. You may also win your case if they don’t indicate that you had slurred speech, that they smelled alcohol or that other evidence was available showing your intoxication.

The Testing Officer Doesn’t Testify In Your Case

You can also use your constitutional rights to fight a DWI charge. If you can show your rights were violated, you have a chance of winning.

Additionally, new evidence or witness testimony that wasn’t available at the time of your arrest may also help in challenging your DWI charge. If there is new information that supports your case or contradicts the evidence presented against you, it could be beneficial to your defense.

These are some ways other individuals have beaten or reduced DWI charges. Researching these methods and using one or more of them may be the best way to win your case.

New Evidence or Witness Testimony

New evidence or witness testimony that wasn’t available at the time of your arrest may also help in challenging your DWI charge. If there is new information that supports your case or contradicts the evidence presented against you, it could be beneficial to your defense.

Field Sobriety Tests

Field sobriety tests administered by the police can also be challenged. These tests are subjective and can be influenced by a variety of factors, such as medical conditions or nervousness. If these tests were not administered correctly or their results were not properly recorded, you might have grounds to contest them.

Police Procedure Violations

In addition to challenging the breathalyzer results and field sobriety tests, you can investigate if there were any violations of police procedures during your arrest. If the police did not follow proper protocols, such as not informing you of your rights or failing to adhere to legal procedures, this could strengthen your defense.

Medical Conditions and Interference

Certain medical conditions or environmental factors can interfere with breathalyzer results. For example, medical conditions like acid reflux or diabetes can affect breathalyzer readings. If you have a condition that could have impacted your test results, this may be relevant to your defense.

Legal Representation

An experienced DWI defense attorney can provide valuable insight and help you navigate the complexities of your case. Your attorney can evaluate the evidence, challenge the prosecution’s case, and ensure that your rights are protected throughout the legal process.

Ready to Fight Your DWI Charges?

At Marc Chavez Law Firm, we understand the complexities of DWI cases and are committed to helping you navigate the legal process. If you’ve been charged with a DWI in Texas, our experienced team is here to provide the support and defense you need. Don’t leave your future to chance—contact us today for a consultation and learn how we can help challenge your charges and protect your rights. Call now at  512-337-9774 to get started!

[Related: Know The Consequences Of Texas DWI]