Challenging DWI Evidence in Texas

Defense from a Successful Sugar Land 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.

Our Sugar Land 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 today!

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 attorney, 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 DWI evidence:

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 blood samples.

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.