Challenging a Breath Test in Houston
Houston DWI Attorney
A person that is suspected of driving while under the influence of alcohol will be given a breath test to determine their blood alcohol concentration (BAC). The breathalyzer test gives an estimate of the amount of alcohol in a person's body. You will be charged with DWI, If your BAC is 0.08% or higher. Commercial drivers can be arrested for drunk driving if there BAC is 0.04% or greater. The
penalties for a conviction in a DWI case include jail time, fines, restitution, alcohol counseling, court-ordered installation of an ignition interlock device and
driver's license suspension. If you refuse to take a DWI breath or blood test, your license will automatically be suspended. A guilty verdict in a DWI case involving a commercial driver will result in a one year CDL suspension.
Contact a Houston DWI lawyer if you have been charged with drunk driving for capable legal counsel and representation. A proven attorney will vigorously fight the charges against you and protect your constitutional rights.
Errors in Breath Testing
The results of a breath test are often open to successful challenges, including addressing:
- Mistakes made in testing procedures
- The use of equipment that wasn't properly calibrated
- Sample contamination
- The driver's physical condition, including weight and body temperature
- Administering the test within 15 minutes after the driver has smoked, eaten, belched or vomited
When proper testing procedures aren't followed, or there are other errors in the testing process, the results can be challenged. The DWI defense lawyer at Jim Medley & Associates, P.C. will conduct an extensive review your breath test to determine the validity of the findings. Mr. Medley holds a master's degree in Forensic Toxicology, and is an expert in the testing used to establish a person's BAC. He can give you aggressive legal representation, and will immediately address the matter of the breath testing evidence and if there were errors that can lead to a case dismissal or acquittal in court.
Contact a Houston DWI lawyerfor aggressive legal representation if you are facing drunk driving charges after breath testing.