October 30, 2013 /24-7PressRelease/
-- DWI testing methods not always accurate
Houston area drivers face many challenges on the roads at different times. Stormy weather, distracted or fatigued drivers, reckless maneuvers and more can all increase the likelihood of a vehicle accident. Driving while intoxicated or under the influence of drugs also has serious consequences and can make crashes more likely.
Statistics from the Century Council indicate that 1,213 people died in Texas in 2011 as a result of alcohol-related crashes. Of all fatal accidents reported throughout the state, more than 40 percent involved alcohol. Numbers like these make it easy to understand why law enforcement targets drunk drivers so heavily.
A DUI arrest can have serious consequences, especially if the arrest is a repeat offense. The need for anyone facing DWI charges
to have a thorough defense is real given the penalties that are at stake.
Testing method accuracy not always high
When a driver is stopped by police, there are different testing methods that can be used to ascertain a blood alcohol content level. Drivers should be aware that no tests are completely fail-proof.
Those tests performed at the site of the stop are often referred to as field sobriety tests
, because they happen "in the field" essentially. People arrested for a DWI should know that there are very strict parameters about how these tests are to be administered and any variance from that could be advantageous in a DUI defense.
Field tests measure a driver's ability to respond with accuracy and to perform very basic tasks. Examples include tracing a pattern by eye, one-legged balancing and walking along a line and turning to walk back.
People who may be limited by certain medical situations can find these seemingly simple tasks very challenging to execute. This could potentially skew their results and even suggest intoxication inaccurately.
In addition to field sobriety tests, a breathalyzer is commonly used to provide more scientific data. As with other tests, there are clear rules about these tests and when and how they should be given. Variances in these test results can sometimes be affected by factors such as the driver's anxiety level. Blood tests can also be done but even the basic use of certain supplements can taint these results.
Fair process is due to all
Simply being arrested and charged with a DWI does not guarantee a conviction. The intricacies involved in the various BAC testing methods alone offer opportunities for a successful defense in some cases. If you are facing DUI charges, whether a first or subsequent offense, you should contact an attorney experienced in these situations for help.
Article provided by Law Offices of Jed Silverman
Visit us at www.jedsilverman.com