August 22, 2013 /24-7PressRelease/
-- When some motorists are arrested for DWI, they may be shocked to learn that they test over the 0.08 percent legal limit. The amount of alcohol that is in a person's system will depend on many factors, and this could mean that someone who has had only a few drinks could find themselves impaired under Texas law.
The motorist may not understand how this could happen, and might start to discuss his or her case with law enforcement officers. Once this happens, the police will begin collecting this information for later use. This can make it much more difficult to challenge a DWI
arrest at trial, because the citizen accused may have admitted to being impaired. Accused citizens need to know that there are ways to challenge a DWI arrest, but this will depend upon the specific facts of their case.
Some individuals may be able to challenge the validity of the traffic stop made by law enforcement. There are also several procedures that police officers must follow when they are investigating for signs of impairment. These stops may be recorded by law enforcement, which could be used later at trial. However citizens accused of DWI may also review those tapes to be sure that the police did not violate any of their own procedures or the citizen's rights.
After a person has been arrested for DWI, law enforcement will try to determine the amount of alcohol that is present in the individual's system. Individuals may have to take a breathalyzer test, or they may have blood drawn to learn if the driver was over a blood-alcohol content of 0.08 percent.
The results from breathalyzer and blood tests have been challenged in many DWI cases, because the machines need to be properly maintained. If the police departments do not keep these machines calibrated, they may give out false readings.
Prosecutors and police may try to make you to feel you are unlikely to prevail if you dispute their allegations. An accused person needs to understand that every situation is different, and it is necessary to review each arrest to learn more about some of the defenses that may be available. It is important that you do not discuss your case with anyone until you understand all of the options that are available.
If you have been arrested for driving while intoxicated, be sure that you do not speak to police without an experienced criminal defense attorney present. An attorney can quickly start building your defense against the charges you are facing, and also ensure that police officers follow the law.
Article provided by Law Offices of Randall B. Isenberg
Visit us at www.randallisenberg.com