After you have been pulled over and evaluated for a suspected DWI, the officer may place you under arrest and ask that you take a breath test to see whether you really are intoxicated. If you fail the breath test for driving with a blood alcohol content over the legal limit, you will be charged with driving while intoxicated. While failing a breath test may make you believe that your fate is sealed, that is not necessarily true. If you believe you were given a flawed breath test, your criminal defense lawyer may be able to save your DWI case.
Former Assistant District Attorney Sophia C. Martinez is a criminal defense lawyer with more than 25 years of experience helping clients build a strong defense case after they are arrested for a DWI in Texas. While it may feel like there is no hope to avoid the legal penalties that accompany a Texas DWI conviction, Sophia Martinez Law can help you build a strong defense case in the event you had a flawed breath test result at the time of your arrest.
Does a Failed Breathalyzer Automatically Mean Your Dwi Conviction?
Failing a breath test does not necessarily mean that you will automatically be convicted of a DWI in Texas. In fact, when you hire a trusted criminal defense attorney, they can identify specific issues with the administration of the breath test that may be able to save your case. This knowledge can result in the exclusion of your test from evidence at trial and possibly even lead to the charges against you being reduced or dropped altogether.
Many individuals who have allegedly committed a DWI can retain the help of a criminal defense lawyer who can build a strong defense against their charges by disputing common breath test devices used by law enforcement. These devices are imperfect and sometimes have technical issues that can lead to a flawed result and wrongful DWI arrest. Some common admissibility factors that can be used to prove that a breath test result was flawed include the following:
- Medical conditions the driver may have that impact results, like reflux or GERD
- Abnormal occurrences during the required 15-minute observation period before taking the breath test
Aside from a flawed breath test result, there are many reasons your criminal defense attorney can succeed in getting DWI charges reduced or dropped. These factors may include:
- Improper law enforcement procedures
- Lack of evidence
- The results of a chemical test could not be validated
To get help with your DWI defense case and to prove a flawed breath test result, contact an experienced Texas criminal defense lawyer as soon as possible.
Get Help With Your Dwi Defense Case by Contacting Sophia Martinez Law
Being arrested for a DWI can be stressful as you try to understand the steps you can take to avoid the charges and penalties you may be facing. To get help proving a flawed breath test in your DWI case, contact Former Assistant District Attorney Sophia C. Martinez.
With over 25 years of experience supporting the accused during their fight for justice, Sophia Martinez Law will defend your rights and ensure your interests are protected. To schedule a free case evaluation with Attorney Sophia C. Martinez, contact her Texas office today by completing a contact form or calling (210) 226-3000. Phone lines are open 24 hours a day, seven days a week. She also speaks Spanish.