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.

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