If you have been charged with a driving while intoxicated or DWI violation, it is important that you fully understand your rights as well as the procedures and laws that are part of the DWI conviction. As a US citizen, you are presumed innocent until proven guilty no matter what crime you are charged with, including DWI. The key to a successful defense of your accusation is to hire an experienced DWI attorney who can walk you through the experience of facing your accused offense.
In all drunken driving cases, it must be proven that the accused person's blood alcohol level was at or above the statutory limit. In Texas, that limit is .08%. In order for this fact to be proven in a court of law, a proper sample must be obtained from the person arrested for drunk driving. This is the only way to prove that the level of alcohol in the individual's blood is actually over the legal limit at the time of the arrest. The use of the breath test with a "Breathalyzer" is the most common method for the State to prove that an offense has occurred.
Many defendants have been able to effectively defend the charges against them based on the results of the Breathalyzer test. There are many variables that can lead to questionable results. Some of these variables include: the experience and ability of the tester, the temperature and atmospheric pressure at the time of the test, or the quality of the equipment used. Recent exposure to fumes from dry cleaning chemicals, gasoline, or paint can also affect how an individual reacts to a Breathalyzer test. Even the physical activity level of the person charged can affect the way the test results come out.
Based on variables such as these, courts have allowed DWI attorneys to present expert scientific testimony to prove the inaccuracy of Breathalyzer results. A first-rate DWI lawyer will know which challenges are likely to be accepted in court, and which will most likely not.
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