Breathalyzer Test As Evidence In Dwi Cases

Breathalyzer Test As Evidence In Dwi Cases

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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.

An experienced DWI attorney might be able to defend the charges against the offender based on the results given by the Breathalyzer test. Numerous variables exist that can lead to inaccurate results from the breath test. The quality of the machine and the experience of the tester are two common ways results can be wrong. The weather including temperature and atmospheric pressure can affect how the test is read as well. Physical activity level of the person can also cause an inaccurate result. Even contact with chemical fumes such as gasoline, paint, or dry cleaning chemicals can cause the results to be mistaken.

In many cases, DWI attorneys have been able to defend clients successfully proving that based on the evidence, the breathalyzer test was inaccurate. They may be able to find scientific proof of mistakes made in the testing situation that can be admissible in court. It is crucial to find a defense attorney who is practiced in defending against the DWI laws in your state. They will have the knowledge necessary to determine if there are indeed issues that can prove an inaccurate Breathalyzer test.


About the Author:
I chose to go with Shawn Brown as my DWI attorney. He exceeded all of my expectations. If you need a criminal defense attorney criminal defense attorney in San Antonio, you can reach Shawn Brown Law at 210-244-8200.



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