Breathalyzer Use in DWI Defense
Every American citizen is presumed innocent when charged with any crime, including a DWI (driving while intoxicated) charge. It is each person's right as a citizen of the United States to maintain their innocence until proven otherwise. It is important that you know your rights when facing DWI charges and fully understand the procedures and regulations involved in this charge. For this reason it is a necessity to have a DWI lawyer who is experienced in this area and can support and guide you through the process of your charge and defense.
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.
Many defendants have been able to effectively defend the charges against them based on the results of the Breathalyzer test. There are many variables that can lead to questionable results. Some of these variables include: the experience and ability of the tester, the temperature and atmospheric pressure at the time of the test, or the quality of the equipment used. Recent exposure to fumes from dry cleaning chemicals, gasoline, or paint can also affect how an individual reacts to a Breathalyzer test. Even the physical activity level of the person charged can affect the way the test results come out.
Many DWI lawyers have been able to present scientific evidence of one or more of these variants to prove that a Breathalyzer test was inaccurate. This is why it is necessary to hire a top-notch DWI attorney, knowledgeable in DWI laws in your state. They will be able to determine if challenges to the test exist that are admissible in court.
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.
Many defendants have been able to effectively defend the charges against them based on the results of the Breathalyzer test. There are many variables that can lead to questionable results. Some of these variables include: the experience and ability of the tester, the temperature and atmospheric pressure at the time of the test, or the quality of the equipment used. Recent exposure to fumes from dry cleaning chemicals, gasoline, or paint can also affect how an individual reacts to a Breathalyzer test. Even the physical activity level of the person charged can affect the way the test results come out.
Many DWI lawyers have been able to present scientific evidence of one or more of these variants to prove that a Breathalyzer test was inaccurate. This is why it is necessary to hire a top-notch DWI attorney, knowledgeable in DWI laws in your state. They will be able to determine if challenges to the test exist that are admissible in court.
Source...