Rick Davis & Associates
I Blew Over 0.08, So Do I Have Any Options?
People in Bryan, College Station and the surrounding communities probably realize how easy it is to get behind the wheel after having what the law considers to be too much. Alcohol affects people differently, and, when one thinks about it, a Texan who is over the legal limit may only exhibit some “buzzed” behavior and may be a far cry from obviously drunk.
The problem is that, in Texas, if a person test over .08 blood alcohol content on a certified breath test, then he or she can be charged with DWI even if he or she feels fine and even if he or she “passed” some of the field sobriety tests police officers often administer during their roadside stops. Moreover, because machines do not lie in the sense people do, some may think that if they blew over .08, then their only option is to plead guilty to the ensuing charge.
However, before doing so, those accused of DWI need to be aware that there are several other considerations when it comes to breath tests. For one, the police officer has to have good grounds to administer a breath test to begin with. Moreover, while breath test machines do not lie, they can malfunction and must be maintained regularly. The police officer giving the test can also make an important mistake in doing so, calling the result in to question.
Finally, even when everything is working smoothly, there can be other reasons why a breath test reading might be inaccurate and lead to a false accusation of DWI. For instance, a person may have a condition, such as vomiting, which the breath test may pick up and read as if the person had been drinking.
The bottom line is a breath test over .08 does not inevitably mean a DWI conviction. Those accused of DWI should evaluate all of their legal options.
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