We all understand that driving while intoxicated is a dangerous practice, and in response, police forces across the State of Texas have stepped up their game in relation to impaired drivers. While enforcement of these laws is critical to the safety of all, it is also important to recognize that motorists have rights that can be trampled upon by arresting officers who are overzealous. When innocent drivers are accused of serious crimes like driving while intoxicated, it is a serious matter that requires serious attention. Better understanding the most common reasons why DWI charges are dismissed can help you better understand the situation at hand.
Before an officer can pull you – or anyone else – over, the officer needs a valid reason for doing so. In other words, the officer who stops you must have a reasonable suspicion that you committed a crime, such as DWI, that he or she can credibly explain to the judge. Why did the officer who pulled you over do so in the first place? If there is no reasonable explanation, your case may be dismissed on the basis of an invalid stop.
Improper Breath Test
Police who pull drivers over under suspicion of driving while intoxicated typically employ breathalyzers, which are a tool that is intended to calculate a suspect’s blood alcohol concentration (BAC) via a breath test. The legal limit for BAC in the State of Texas – along with every other state – is 0.08 percent. The problem is that these tests are only as reliable as any of the following factors:
- The officer’s level of proficiency in giving these tests, working with this testing device, and deciphering the results
- Whether the breathalyzer was properly calibrated, stored, and maintained
- Whether the person being tested has recently had anything to eat or drink (or taken any form of medication) that could artificially skew the results
Improperly Administered Field Sobriety Tests
We have all seen officers on the side of the road putting motorists through their paces, and the little tests they are required to perform are called field sobriety tests. These tests are intended to help bolster the prosecution’s case against the motorist. The fact is, however, that these tests represent nuanced techniques that can easily be administered improperly or ineffectively if the officer is not very experienced in the process or is not thorough in his or her efforts.
It Is in Your Best Interest to Work Closely with an Experienced Lawyer
If you are facing DWI charges, hunkering down and simply accepting whatever comes your way is not the way to go. DWI charges are serious and can seriously affect your future. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, has extensive experience successfully helping clients like you obtain DWI dismissals, and he is here for you. For more information, please do not hesitate to contact or call us at 254-501-4040 today.