Challenging DWI Evidence
Arrested for DWI in Houston? An attorney can defend your rights.
Many people who are arrested for drinking and driving in Houston give up
any hope of avoiding a conviction. If you failed a
field sobriety test or gave a breath sample which showed that your blood alcohol content was
above the legal limit, you may not see how a lawyer could possibly help
you. At the Martinez Law Firm, we have extensive experience in
DWI defense, and we know how to effectively
challenge the evidence a driver may face.
One of the first questions to ask in a case of
DWI/DUI is, "Was the
traffic stop legal?" The Fourth Amendment of the Constitution secures your right
against unreasonable search and seizure, and the police officer who pulled
you over must be able to prove that there was probable cause to investigate
you for drinking and driving. If the officer's testimony cannot stand
up to aggressive cross-examination from an attorney from our firm, we
may be able to have the case dismissed on the grounds that evidence was
gathered in violation of your rights.
Field Sobriety Tests and Breath Tests
Another potential weakness in the evidence is the fact that field sobriety
tests are notoriously subjective, and whether or not a suspect passes
depends largely on the police officer's opinion. We can often disprove
the test results by using the footage from the dashboard video camera
to demonstrate that factors such as poor weather, roadside gravel, intimidation
from the officer or even the suspect's weight or footwear would make
it difficult for anyone to pass the test.
If you failed a
breath test, we may be able to use the machine's calibration and maintenance records
to show that the test results are unreliable, as well as pointing to physiological
factors such as acid reflux or the presence of residual alcohol in your
mouth at the time of the test which could cause a false reading. Blood
tests are sometimes faulty as a result of improper handling or storage
which leads to contamination of the sample. We will review your case from
every angle to find the most effective strategy for defending your rights
and your future.
Contact a Houston DWI Defense Lawyer Today
Though you may have been pulled over and arrested because you allegedly
failed field sobriety tests, and though you may have been charged with
DWI because you took a breath test that showed a result of .08% or greater,
this does not necessarily mean that you should be convicted. It does not
mean that you are guilty. Errors may be made in the manner in which tests
are administered or graded. Your rights may have been violated, rendering
certain evidence inadmissible. There are various issues that a skilled
lawyer can consider in building a strong defense on your behalf.
Find out more about challenging DWI evidence -
contact a Houston DWI attorney at our firm.