According to the Texas Department of Public Safety (DPS), a Mesquite breathalyzer and blood test defense lawyer can help protect your interests when facing such situations. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 for legal assistance.
Law enforcement can use different kinds of chemical tests to measure your level of impairment. One such way is analyzing your breath by using a breathalyzer. They can use this test on a sample breath to establish your blood alcohol concentration (BAC). If police officers find that you are intoxicated, they can arrest you for driving while intoxicated (DWI).
After an arrest and DWI charges in Texas, you may not want to represent yourself in court because you can make costly mistakes. Furthermore, the experience can be scary for those without the appropriate knowledge and skills. A DWI conviction can lead to harsh penalties and affect your future by limiting opportunities due to the criminal record. Representation by a qualified attorney can make a difference in your DWI case outcome.
Lawyers examine the situation and establish ways to challenge the evidence. There are several factors that a lawyer can help you to understand, including:
- Whether the law enforcement officer did a proper test
- Whether they used a new and clean mouthpiece
- Whether the officer who conducted the tests was authorized to perform the test
- Whether the results of a standard check were within the correct range to charge you
When you hire a DWI lawyer, you will have legal guidance regarding how to challenge the results of breath or blood tests. Engage with a lawyer to learn more about your case.
Insight Into Breath and Blood Tests
Texas state uses field, blood, or breath tests as the primary tools for determining your BAC. While these tests can offer compelling evidence in your DWI case, you can use several conventional techniques for defense.
Chemical and field tests may not always be accurate, and the burden of proof rests with the arresting officers. When the police provide inaccurate results, this enables a defense attorney to challenge the prosecution.
Field Sobriety Tests
In most cases, these tests occur at traffic stops, but the arresting officer must have probable cause for stopping you and asking you to complete a sobriety test. When they do, the law requires the police to follow particular procedures. Failure to comply with proper requirements can be grounds for a Mesquite breathalyzer and blood test defense lawyer to question the evidence that supposedly incriminates you.
Field sobriety test failure can prompt the police officer to ask for a breath or blood test to measure your BAC. Refusing to perform the tests will result in a 180-day driver’s license suspension, according to the DPS. The officers can proceed to arrest you based on their observations, even without additional evidence.
Our lawyers can use this information to negotiate for the dismissal of your charges. The Law Offices of Randall B. Isenberg is ready to handle your case. Contact us at (214) 696-9253 for a consultation.
Law enforcement officers must observe strict procedures when carrying out breath tests. For example, they should ensure proper maintenance and servicing of the breathalyzer devices. Additionally, these tools are unreliable sometimes, meaning you can challenge the results.
While blood tests can be the most reliable among all tests, problems can also arise. One issue that can occur involves the blood sample custody chain; a lengthy process that involves different personnel handling the samples (meaning there are many possibilities for contamination).
If you refuse to offer a sample, the prosecutor can use this against you in court. Although it is within your rights to refuse to take the test. However, it may not reflect well on your case. Circumstances differ, so the facts surrounding your DWI case will determine the defense to use.
Breath and blood tests used in measuring intoxication levels often occur during the arrest, at the hospital, or in custody. When the officers perform a field sobriety test, they can ask you to do things like walk in a straight line or stand on one leg. An intoxicated person may not be able to perform these tests.
A lawyer will analyze your case and the evidence and create strategies for your defense
The Defense Strategies We May Employ
If your arresting officer used a breathalyzer, a DWI defense attorney could use several factors to challenge the results, including that:
- The officer had a lack of a search warrant to conduct a blood test
- There was a lack of probable cause for suspicion of DWI
- The arresting officer lacked the right qualifications or training
- Too much time elapsed between the time of drinking, when you were driving, and the time of taking the sample for the results to relevant
- There was a lack of adequate observation before testing
- There were blood and breath inaccuracies because of a failure to properly maintain the devices
- There was a device malfunction
Contact the Law Offices of Randall B. Isenberg
If you are facing a DWI charge, engage an attorney for legal representation. A Mesquite breathalyzer and blood test defense lawyer can help you to pursue a fair outcome. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 to get started. We can advocate for lessened penalties, as described in Title 3, Ch. 12 of the Texas Penal Code.