Were you recently arrested for driving while intoxicated (DWI) in Texas? If so, the prosecution will rely on evidence to prove you are guilty. Fortunately, with help from an experienced attorney, you may be able to challenge the evidence in question and reduce, or even eliminate, the charges against you.
After your DWI arrest, you were probably given a breath, blood or urine test in order to determine your blood alcohol content (BAC). It is important to know that, although such chemical tests are common in DWI cases, the results are far from flawless.
A breath test is the most frequently used method for measuring a person’s BAC. In Texas, members of law enforcement may only use the Intoxilyzer 5000, an older model of breath testing devices. Due to its aged technology, however, the device is somewhat unreliable, and its results can often be challenged in court.
Because the Intoxilyzer 5000 is the only breath-testing device approved for use in the state of Texas, any results from other devices cannot be used as evidence. For example, many officers use a small machine known as a portable breath test to administer tests directly at the scene. Although these devices may be used to help the officer determine whether a DWI arrest is warranted, they are not authorized for professional use, and their results cannot be used against you.
You may have been given a urine or blood test in lieu of breath testing. If so, the state must prove the test was administered by a qualified individual; otherwise, the results are not a valid type of evidence. State law also regulates how these samples are stored and tested. Therefore, if any of these requirements are not upheld, your blood or urine test results may be invalid.
If you were recently arrested for DWI in Texas, obtaining legal counsel is the best decision you can make. The right attorney can question the prosecution’s evidence and create a strong defense for your case.