Breathalyzer Use in DWI Defense

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Every American citizen is presumed innocent when charged with any crime, including a DWI (driving while intoxicated) charge. It is each person's right as a citizen of the United States to maintain their innocence until proven otherwise. It is important that you know your rights when facing DWI charges and fully understand the procedures and regulations involved in this charge. For this reason it is a necessity to have a DWI lawyer who is experienced in this area and can support and guide you through the process of your charge and defense.

In all drunken driving cases, it must be proven that the accused person's blood alcohol level was at or above the statutory limit. In Texas, that limit is .08%. In order for this fact to be proven in a court of law, a proper sample must be obtained from the person arrested for drunk driving. This is the only way to prove that the level of alcohol in the individual's blood is actually over the legal limit at the time of the arrest. The use of the breath test with a "Breathalyzer" is the most common method for the State to prove that an offense has occurred.

The Breathalyzer test is not a 100% guarantee of a conviction. In fact, a knowledgeable DWI lawyer can often dispute the results of the breathalyzer test successfully. Many variables can occur with the test causing the results to be questionable. Some of these variables include: quality of the breathalyzer machine, experience and ability of the tester, physical activity level of the accused, outdoor temperature & atmospheric pressure, and even exposure to chemical fumes such as gasoline, dry cleaning chemicals or paint.

Based on variables such as these, courts have allowed DWI attorneys to present expert scientific testimony to prove the inaccuracy of Breathalyzer results. A first-rate DWI lawyer will know which challenges are likely to be accepted in court, and which will most likely not.

Article Source: http://depositarticles.com/

As far as San Antonio DWI attorneys go, I trust Shawn Brown Law and refer everyone I know to him. If you need a criminal defense attorney in San Antonio, you can reach Shawn Brown Law at 210-244-8200.

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