Challenging Evidence in Houston DWI Cases
Posted on Sep 20, 2013 10:11am UTC
Facing charges for driving while intoxicated (DWI) or driving under the influence (DUI) can be an overwhelming experience. When accused individuals are in search of legal representation they can trust to fight aggressively on their behalf, they should look for a Houston DWI attorney who has the experience needed to effectively challenge the evidence obtained by law enforcement officers. When it comes to DWI cases, evidence may consist of:
- Probable cause and arresting protocol
- Testimony of law enforcement officers and / or witnesses
- Any relevant evidence (accident reports, videos, pictures, etc.)
- Results obtained from chemical tests
By conducting full investigations into all circumstances surrounding your arrest and all evidence obtained, Billy Skinner can work toward creating an effective defense.
Challenging Chemical Evidence
Chemical tests are among the most crucial pieces of evidence in DWI cases. Under Texas law, all motorists who are stopped under suspicion of DWI are required to submit to a chemical test, which may include a breath test, blood test, or (less commonly) a urine test. Refusals to submit to a chemical test can result in automatic driver’s license suspensions and can be used against accused individuals during their case. Billy Skinner understands the importance of these tests and works relentlessly to investigate and challenge their results.
Breath and Blood Tests
In Texas, the legal blood alcohol content limit is .08%. Most accused individuals believe that they have little hope when breath or blood tests register higher BAC levels. The truth is that the testing methods used to test BAC levels of accused DWI offenders are in no way perfect. In fact, many cases are dismissed because the testing equipment used was incorrectly calibrated, improperly maintained, or otherwise not accurate. Billy Skinner can secure testing equipment records and work with toxicology experts to challenge the results of chemical tests.
Challenging Chemical Test Refusals
Refusing a chemical test can set the stage for harsh penalties. In order to challenge evidence in these situations, defense strategies must focus on whether or not an accused individual was properly advised of their rights and the consequences of refusing to submit to a test. If, for example, a law enforcement officer did not adhere to correct protocol, there may be a fighting chance for a successful resolution.
At Billy Skinner & Associates, we are prepared to challenge every aspect and every piece of evidence inherent to your case. As we know that the circumstances of a DWI arrest can vary tremendously, we make it a point to work each case on an individualized basis. If you would like more information about your case and how an experienced Houston DWI attorney can help challenge the evidence, fill out a free case evaluation form or call (713) 600-7777.