People say “It can happen to anyone.” For more than 70,000 Texans, “it” is being arrested and charged for driving while intoxicated (DWI), which, in Texas, is having a blood alcohol content (BAC) of 0.08% or higher for an adult.
You may feel compelled to simply plead guilty. The results of the breathalyzer test indicating that your BAC was 0.10% must be correct, because you were drinking – right?
If you are charged with a DWI, don’t make any decisions until you contact the Celina DWI attorneys at Rosenthal & Wadas, PLLC. We have successfully won acquittals, dismissals or reduced charges in thousands of DWI cases, which has saved our clients from jail time, hefty fines and license revocations.
How to Fight DUI Charges
Successful defense of a DWI case begins with analyzing the action of the police officers prior to pulling you over. Both the Texas and U.S. Constitutions impose a number of procedural safeguards on criminal suspects, the most important being the prohibition against unlawful search and seizures. At Rosenthal & Wadas our DWI attorneys pride themselves on their aggressive defense against unlawful search and seizures. Police must adhere to certain procedures before they are authorized to pull you over and administer a breathalyzer or blood test to determine your BAC, including:
- Having a reasonable suspicion that you were in the process of committing a crime that justified pulling you over
- Having a reasonable suspicion that you were intoxicated that justified administering a field sobriety test
If there is insufficient evidence to show reasonable suspicion, any evidence obtained by the officer, including the results of a breathalyzer or blood test, are inadmissible and cannot be used in court.
Even if the police officer’s actions were founded upon a reasonable suspicion, the results of the field sobriety test or breathalyzer may be subject to dispute. Breathalyzer tests have a high rate of false positives that can result from:
- Faulty administration by law enforcement
- Medical conditions such as hypoglycemia, diabetes or heart disease, which increases the level of acetone in your breath and makes it appear that you are intoxicated
- Low-carbohydrate diet, which increases the level of acetone in your breath
- Fright or anxiety, which also increases acetone levels in your breath, and which the majority of people experience when confronted by police
Field sobriety tests such as the familiar walk the line or touch your finger to your nose can also be false indicators of intoxication. “Failure” may instead be the result of fatigue, medical conditions or nerves.
Our experienced Celina DWI attorneys will examine all of these issues and more, and together we will determine the best defense for your case.
Celina DWI Attorneys on Your Side
If you are charged with driving while intoxicated, call the Celina DWI attorneys at Rosenthal & Wadas immediately. A successful defense is a proactive defense, and in DWI cases, time is not on your side. Contact our Celina office today at (877) 538-8640 to schedule your free consultation.