Driving while intoxicated is a serious offense in Texas. According to the Texas Department of Transportation, the first conviction can come with three to 180 days in jail, a license suspension for up to two years, up to $2,000 in fines, and other penalties. The consequences worsen for subsequent convictions.
Fortunately, there are several potential defenses against DWI charges. The right approach depends on the specific facts of your case. One common and often affective strategy is disputing the results of the breathalyzer test.
If you are facing DWI charges in Texas, contact a Dallas DWI attorney from the Law Offices of Robert Gregg. Mr. Gregg can evaluate your case, gather evidence and structure your defense. He has extensive experience representing clients who face charges involving DWI, drug crimes and other criminal offenses.
Call (214) 891-7536 to schedule a consultation. You can also learn more about DWI laws in Texas by visiting USAttorneys.com.
Here are four ways to challenge breathalyzer results:
- Lack of Maintenance or Calibration
Breathalyzers require regular maintenance in order to provide accurate results. According to BACtrack, incorrect calibration is one of the main causes of inaccurate readings.
Also, if officers do not use the device for a prolonged period of time, the sensor will dry out. Your DWI defense lawyer may argue a lack of maintenance or calibration if there is no evidence, such as a logbook, of calibration and maintenance of the device.
- Equipment Malfunction
Breathalyzers are complex devices, and they can fail or malfunction. Although regular maintenance can extend their lifespans, a small defect in these devices can make their readings inaccurate and therefore inadmissible in court.
- Improper Administration
Officers must use breathalyzers in a specific way to ensure accurate results. Police must undergo extensive training to learn how to use these devices correctly. However, mistakes happen – particularly among inexperienced officers. If your DWI attorney can prove that the test may have been improperly administered, then the results may be inadmissible in court.
- Consumer Products
Sober people can fail breathalyzers for many reasons. Some products, such as mouthwash, contain alcohol. Consuming these products may inflate the breathalyzer results.
Most people assume that if they fail a breathalyzer, they have no chance of fighting DWI charges. This is untrue. Your DWI defense lawyer may be able to use one of these four defenses to render the breathalyzer results inadmissible in court. Often, the prosecuting authority relies on breathalyzer results to secure a conviction. If they are not admissible, then the court may dismiss the charges.
If you are facing DWI charges in Texas, contact the Law Offices of Robert Gregg. Mr. Gregg is a Dallas DWI attorney who can evaluate your arrest and aggressively fight for a positive outcome to your case. He is the former president of the Texas Municipal Justice Bar Association. Call (214) 891-7536 today to schedule a consultation.