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Challenging DWI Evidence

Challenging DWI Evidence

Have You Been Charged with a DWI Near Plano?

A DWI conviction in Texas can carry significant penalties, including jail time, fines, and probation, as well as a number of additional mandatory conditions. If you are facing charges for DWI, you will benefit from contacting a defense attorney at The Zendeh Del Law Firm, PLLC.

It is essential that you have a knowledgeable attorney to challenge the evidence and present a well-crafted, persuasive case for your defense. We are former prosecutors, and we have a reputation throughout the legal community for our professional skill in criminal law. Contact an attorney at our firm to help challenge the evidence against you.

Are Field Sobriety Tests Always Accurate?

When a person is stopped under the suspicion that they have been driving while intoxicated, a law enforcement officer will likely request that the driver step out of the vehicle and perform a series of field sobriety tests. This type of sobriety testing is made up of three standardized tests—including the Walk & Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus. These tests are designed to give an officer a more accurate idea of whether or not the driver's physical and/or cognitive functions have been impaired by alcohol consumption or the use of a controlled substance. The accuracy of these tests is often under debate, however, because several other factors may affect the results of the test—including environmental factors, fatigue, physical impairment, body weight, etc.

Despite the potential inaccuracy, a law enforcement officer may arrest a driver for DWI depending on the driver's performance on these tests and other observations that the officer has made in regard to the driver's behavior. The arresting officer would then take the driver back to the police station, where he or she may face a urine and/or blood test to determine blood alcohol concentration. The outcome of the breath, blood, and field sobriety tests along with the arresting officer's testimony are likely going to be the primary evidence. Challenging this evidence will therefore be an important part of the defense argument that your lawyer provides. Field sobriety tests are not always accurate. So, if you have any doubt that a law enforcement officer incorrectly administered the test or unfairly judged your performance, you should go over the facts of your arrest with a local attorney.

Questioning the Validity of Evidence

When challenging DWI evidence, your defense attorney may look for violations of procedure or your constitutional rights that were potentially committed by law enforcement personnel. A procedural violation may be a simple mistake or deviation from standard procedure in regard to the administration or grading of a test. For example, a breath test device that is not properly calibrated may give inaccurate results. The same may apply if proper procedure is not followed when a law enforcement officer is instructing a driver to take a field sobriety test. Your lawyer may be able to bring these issues to light.

A violation of your constitutional rights may also offer your attorney grounds to challenge evidence that was gathered against you. The arresting officer may have lacked probable cause to arrest you for DWI or to pull you over in the first place. Also, the officer may have forgotten to read you your Miranda rights, which is a major violation. If you do not understand your rights, you will not be able to discern whether or not they have been violated, so do not hesitate to go over the facts of your arrest with an attorney as soon as you have been charged with a crime.

Are Chemical Tests Always Accurate?

When referring to a DWI case, a chemical test such as a breath test, blood test or urine test may be administered in order to determine the presence and amount of alcohol or controlled substances in a driver's system. The results of these tests often provide the foundation for the government's case against a driver who has been charged with drunk driving or driving under the influence of drugs. Though a failed breathalyzer test or blood test may make it seem as though there is no hope of avoiding a conviction, there are various ways that an attorney who is experienced with challenging DWI evidence can contest chemical test results to fight a client's charges.

A qualified lawyer can thoroughly review the circumstances that led up to the driver's chemical testing, the device used to administer the test, the person that conducted the test, the test results, and the procedure of the test itself. An independent analysis of a blood sample may reveal that the results were skewed or that the sample was mixed improperly with anticoagulants or preservatives. A review of the maintenance of a breathalyzer device may show that it was improperly calibrated. By conducting a complete investigation into every aspect of chemical tests, a competent attorney can locate even the smallest opportunity of weakening the prosecution's case against a defendant.

About DWI Tests

Breath and blood tests are most frequently administered in DWI cases. Urine tests are typically only used in limited circumstances, either related to the use of drugs while driving or cases where a breath or blood sample cannot be given for medical reasons. With a complete understanding of how these tests operate and experience in the field of DWI defense, our legal team can provide you with the aggressive representation you need in the face of allegedly failed or refused chemical tests.

Our DWI Lawyer Should Review the Evidence Immediately!

It is unpleasant to be pulled over and accused of driving drunk. Many people are facing criminal charges for the first time and have had no prior contact with the criminal justice system. Are you in trouble and facing a DWI charge? The first step is to contact our firm and have the evidence against you analyzed. It may be possible to avoid conviction, and you definitely do not want a DWI conviction on your record, so don't risk it! Fill out a case evaluation form to start the process. Our firm is here to guide you through the entire process and to craft a defense that will protect you.