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Challenging DWI Evidence

Have you been arrested for drinking and driving? If so, it is important to remember that just because you have been criminally charged does not mean that you will be convicted. There are steps that can be taken at this stage in a case to gather evidence and build an effective defense strategy - and at my firm, we are prepared to take them. I understand that there are flaws in the criminal justice system, but it is important that you do not allow these failures to falsely incriminate you. By working with a knowledgeable lawyer, you will be able to challenge the evidence you are facing.

For example, say you have been accused of failing a field sobriety test. This is by no means a nail in the coffin of your case. Field sobriety tests are notorious for being subjective and vulnerable to numerous flaws. The largest, however, is that these are not tests that can be measured and graded scientifically. Instead, the results are based entirely on the opinion of the arresting officer - who could potentially be biased. Beyond that, there are other factors which could make it appear if someone failed, even if they are perfectly sober. There are some people who simply have poor balance - which doesn't mean that they are intoxicated.

The second test that my firm can look into challenging is the breath test. These are commonly utilized as a cornerstone of a DWI case in Texas, but that does not mean that they are perfect. One primary cause of failure is the machines themselves. These machines are highly sensitive and if they are not properly maintained or not correctly calibrated on a routine schedule, it can result in the machine giving faulty results. In these cases, it can cause a person to get a reading higher than BAC regardless of their true level of intoxication. Other factors which can come into play include mouth alcohol and the absorption period.

The final test that members of my firm can challenge is the blood test. While this is a more trustworthy test than the others listed, it is by no means flawless. In some instances, technicians will be understaffed or poorly trained or they could just be tired when they are running the sample. Any of those factors could lead in a bad reading. If the draw spot was washed with a product that had an alcohol base, it could skew the reading. Another major cause of concern is how the sample is stored. If it is not stored correctly (ex: without the proper amount of preservatives or anticoagulants), it could "go bad" and be unusable.

Get Heavyweight Representation - Contact Me Today

When you are dealing with the aftermath of a criminal charge involving drunk driving, it is vastly important that you do not hesitate to contact a qualified criminal lawyer to protect your rights. My name is Christian Samuelson and I am ready to fight for you. I am AV® rated by Martindale-Hubbell® and throughout the years, I have proven myself to be a quality advocate for the rights of my clients. Should you choose to work with my firm, you will be able to rest assured knowing that you will have a heavyweight in your corner who is fully invested in the outcome of your case. I know that success often lies in the details and I will thus invest the necessary time and energy into investigating your case, talking to necessary people and building a defense strategy that will be as effective as possible in protecting you. Call today to learn more. I look forward to hearing from you and discussing your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.