Breathalyzer Test As Evidence In Dwi Cases

Each and every citizen of the United States of America maintains the right of "innocence until proven guilty." This is your right when charged with any crime, even a Driving While Intoxicated or DWI charge. It is crucial that you are aware of your rights when charged with a DWI. You must understand completely the laws and procedures that are part of the DWI arrest process. You should choose an experienced and competent DWI attorney who knows the law backwards and forwards in this area and will be able to defend you as you face this charge.

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.

The Breathalyzer test is not a 100% guarantee of a conviction. In fact, a knowledgeable DWI lawyer can often dispute the results of the breathalyzer test successfully. Many variables can occur with the test causing the results to be questionable. Some of these variables include: quality of the breathalyzer machine, experience and ability of the tester, physical activity level of the accused, outdoor temperature & atmospheric pressure, and even exposure to chemical fumes such as gasoline, dry cleaning chemicals or paint.

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.

If your BAC was found to be over the legal limit based on the Breathalyzer test, these results can be defended, even if testing conditions seemed to be perfect. Breathalyzer machines have strict regulations on their calibration and upkeep. Knowledgeable DWI attorneys can access information such as maintenance records of the machine used as well as training schedules of those administering the test to prove that the test was inaccurate.

Being charged with a DWI can be a frightening experience. A good defense lawyer will have the experience needed to challenge breath tests. Even if you have already submitted to the breathalyzer test and have been charged, you may still have a valid case for reduction or dismissal of the charges against you.

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