Challenging DWI Evidence in Texas
Defense from a Successful Houston DWI Attorney
If you are facing charges for
driving while intoxicated (DWI), prosecutors most likely have one or more forms of evidence they can use
against you. This could be the failure of your
field sobriety tests,
breath test and blood test, indicating that you had a blood alcohol concentration (BAC) at or above
the legal limit. Likewise, blood test results or testimony from law enforcement
officers and drug recognition experts may be utilized in an attempt to
that you were under the influence of drugs at the time of your arrest.
It is important to remember that there are ways to contest each of these
forms of evidence.
DWI defense attorneys at Stornello Law Firm, P.C. are highly experienced in
DWI cases, and they are familiar with the
DWI process, including the most effective methods for challenging evidence in these
cases. They thoroughly investigate the facts of each DWI case they handle,
looking for all possible weaknesses that could be used against clients.
To work our legal team, call (281) 761-7160
Multiple Ways of Challenging Evidence
While the actual strategies needed to combat DWI charges will vary from
case to case, each type of test is prone to certain errors and flaws.
The issues inherent in testing for DWI may apply to your case whether
it is your
first offense or one of many. When you work with
our attorneys, we will look for these problems as we build a case for your defense.
Here are some of the various approaches that can be used for challenging
Addressing Human Error—Law enforcement officers sometimes make mistakes that can lead to
wrongful DWI charges. An officer might make errors when conducting a field
sobriety test or a roadside breath test, such as providing the wrong test
instructions to the driver, failing to wait the appropriate amount of
time before carrying out a breath test, failing to warn a driver of the
consequences of refusing a chemical test, or failing to ensure that the
driver is blowing into the breath test device correctly. Furthermore,
blood test results can be compromised by errors made by the medical personnel
who drew the blood, or the lab technicians who stored and analyzed the
Addressing Mechanical Error—Breathalyzers are used to determine how much alcohol is in a person's
system around the time of his/her stop or arrest. Meanwhile, machines
are also used in the processing of blood samples. These machines are sometimes
subject to mechanical errors, which can yield false results or even mixed-up
blood samples. A defense attorney may be able to show that the testing
machinery used in your case was outdated, improperly maintained, or prone to error.
Proving Violation of the Defendant's Rights—When a law enforcement officer obtains DWI evidence in an unlawful
manner, that evidence is subject to suppression and case dismissal. This
usually occurs when it is determined that the officer lacked probable
cause when making a police stop or an arrest, resulting in a violation
of the defendant's Constitutional rights.
Contact Stornello Law Firm, P.C. today!
Take action after you are arrested for DWI in Fort Bend County.
Contact our firm so we can help you build a strong defense strategy, which includes challenging
the evidence that has been built up against you. We offer
free case evaluations!