If you or a loved one has been charged with a crime in Fairview, such as assault or a drug offense, please contact one of our Fairview, Texas criminal defense attorneys at Rosenthal & Wadas, PLLC without delay. Our firm has the experience and legal skill to provide an aggressive defense against your charge.
DWI includes driving while under the influence of either alcohol or a controlled substance, whether illegal or legally prescribed by a physician. A Fairview driver can be charged with DWI if their blood alcohol content (BAC) is 0.08% or higher.
Don’t think that just because the results of a breathalyzer or blood test showed that your BAC was 0.08% or higher you should skip calling a Collin County DWI lawyer and simply plead guilty. There are many factors that could have resulted in a false-positive on the Breathalyzer test.
What Could Skew the Breathalyzer Test Results?
Studies have shown that the presence of acetone in the breath – which can be present at levels of up to 0.06% in non-intoxicated individuals – can result in a false-positive. Acetone can be present in the breath of those suffering from:
- Heart disease
- Kidney disease
- Liver disease
Higher than normal levels of acetone may also be present in individuals who:
- Have taken aspirin in large doses
- Have recently taken pseudoephedrine, such as Sudafed or its generic counterparts
- Are fasting or dieting, especially in those on a low-carbohydrate diet
- Suffer from overexertion, fright or anxiety
- Drank diet soda
We will look at any and all possible underlying conditions, whether medical or situational, that could have led to a BAC of 0.08% or higher other than being under the influence of alcohol or another controlled substance.
Whether you are charged with a drug possession, manufacturing, or trafficking charge, the prosecution must prove not only the factual elements of your case beyond a reasonable doubt, but also that your state and federal constitutional rights were not violated.
Depending on the specific charge, factual elements the prosecution may have to provide in order to gain a conviction include:
Drug Possession: Whether the drugs were actually in your care, custody, control or management.
Drug Distribution: Whether you delivered the drug in some way other than simply by administering or dispensing it.
Drug Manufacture: Whether you packaged or labeled the drug, or whether you created or altered the drug in any way.
Our Fairview, Texas drug crimes attorneys will meticulously examine all of the evidence police and prosecutors have gathered in your case, as well as evidence you provide that the police and prosecution may have ignored, to find the weaknesses in the prosecution’s case and use it to obtain an acquittal at trial or as leverage to seek a reduction in charges.
How Our Fairview Attorneys Can Help
When you have been arrested for a crime in Fairview, your first phone call should be to the attorneys at Rosenthal & Wadas, PLLC. Our experienced attorneys will work closely with you to fight the charges and get the best possible outcome based on all the evidence. Contact us today at (972) 369-0577, or toll-free at (877) 538-8640. Schedule your free consultation today.