Challenge your Breathalyzer BAC Test Results
If you have been charged with DWI or DUI based on the results of your Intoxilyzer 5000 or blood test, there is every reason to believe that you can mount an aggressive defense. Even under perfect testing conditions, the results of breath and blood tests to measure blood alcohol content (BAC) can be questioned.
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At Crain Lewis, LLP, we always remember that you are not a test result. You are a person who is entitled to an aggressive and effective legal defense. We have the experience to challenge breath and blood tests. If you have submitted to a BAC test and have been charged with DWI, you may still have a valid case for dismissal or a reduction of charges to a non-alcohol offense. By the same token, just because you cooperated with the police, it doesn't mean that the prosecutor will go lightly on you. But no matter what the test results say, our lawyers are ready to start your aggressive DWI defense right away.
Was the blood test conducted correctly?
If your BAC was found to be .08% or above, there are several ways to fight the charges. The first strategy, which is often effective, is to challenge the validity of the results and have the blood sample retested. It is surprising how often the test was administered incorrectly or by an untrained person, using faulty test equipment. The sample may show that there isn't the required amount of preservative or anti-coagulant present. If the levels weren't right to begin with, your sample may have resulted in an incorrect BAC reading. Remember, in a court of law, all we have to do is create a reasonable doubt.
What about the breath test?
Breath machines are required to be calibrated for accuracy and properly maintained. In addition, the person administering the test must maintain a valid license. An aggressive and effective defense may require getting our hands on the calibration and maintenance records, as well as training schedules. In some cases, your medical condition or prescription medications may result in an excessively high alcohol reading on your breath. We also look for every opportunity to discover mistakes the officer may have made regarding required observation periods, reading the rights and consequences, and handling the evidence.
If you refused the test
The truth is that you may have been better off by not submitting to the tests. The officer is required to clearly inform you of the consequences of refusing to take the test. Based on the law of implied consent, one of the consequences for refusing will be an automatic ninety day suspension, which must be preceded by a notice of suspension. You cannot be considered guilty based only on your refusal. If the prosecutor does not have firm test results to use as evidence against you, challenging your DWI charges often comes down to challenging the police officer's subjective report about the field sobriety test.
No matter what your BAC test results say, you deserve a strong defense
Mounting an effective challenge to test evidence requires a broad knowledge of DWI law and is the primary reason why it is important to hire an experienced DWI attorney.
Contact our offices in Dallas, Texas, for a free consultation about fighting your DWI charge.
