February 26, 2024

The Ins and Outs of Breathalyzers and DWI

If you have been charged with a driving while intoxicated or DWI violation, it is important that you fully understand your rights as well as the procedures and laws that are part of the DWI conviction. As a US citizen, you are presumed innocent until proven guilty no matter what crime you are charged with, including DWI. The key to a successful defense of your accusation is to hire an experienced DWI attorney who can walk you through the experience of facing your accused offense.

As with any crime, there must be proof in order to receive a conviction. In drunken driving cases, the prosecution must be able to prove that the accused individual had a blood alcohol level above the legal limit while driving..08% is the legal limit in the state of Texas. The only way to prove the BAC (blood alcohol content) is actually over the limit at the time of the arrest it to get a proper sample from the driver. The most common way this is done is through the use of a breath test, or a “Breathalyzer” machine.

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.

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. criminal defense lawyer louisiana

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