Improper DUI and DWI Testing By Jason Trumpler, P.C. on November 30, 2013

Improper DUI and DWI TestingWhen it comes to drunk driving and intoxicated driving, it's important that all traffic stops and arrests are handled with proper care and with existing laws in mind. The roads needs to be kept safe, but that does not give law enforcement caret blache to do as they please. If you have been stopped and have a drunk driving case that you would like to fight, speaking with a criminal defense attorney is crucial for making sure your voice is heard.

We'd like to take a moment right now to consider how driving under the influence and driving while intoxicated (DUI / DWI) cases can be tainted by improper testing methods.

About DUI / DWI Charges in Texas

In the state of Texas, the legal blood alcohol content (BAC) for most motorists over the age of 21 is 0.08%. For commercial drivers, the legal BAC is 0.04% given the responsibility of these motorists.

If the stopped motorist is under the age of 21, there is a zero tolerance policy for alcohol consumption. In some rare cases the BAC may be 0.02%, though an arresting officer may use his or her best judgment with regard to underage motorists and BAC. Generally any alcohol found in the system of someone younger than 21 is grounds for arrest.

What is a field sobriety test?

A field sobriety test refers to a series of basic coordination tests and cognition tests that check a driver's sobriety. Some of the most common tasks during these field sobriety tests include:

  • Walking in a straight line/li>
  • Standing on one leg
  • Reciting the alphabet
  • Counting backward
  • Touching the nose with arms extended to sides

Flaws and Problems In Field Sobriety Tests

Being pulled over can be a very stressful experience, especially if an officer seems bent on making an arrest. This can cause sober people to become very nervous and agitated, making them to give the impression that they are intoxicated when they are simply under a good amount of stress. Field sobriety tests can fail in this way, and they have been known to in the past.

What are blood, breath, and urine tests?

Blood, breath, and urine tests refer to sobriety tests that check a person's BAC using those sorts of samples. You've likely heard of breathalyzer tests before, which examine alcohol concentration on the breath to help measure BAC, but BAC can also be examined using urine samples and a blood sample.

Flaws and Problems In Blood, Breath, and Urine Tests

There have been a number of cases across the country in which the machines used to measure BAC have been improperly maintained and calibrated. In these cases, people who are sober or are well within the legal BAC may be shown to be intoxicated when that is not the case at all.

In these instances, it's important to fight a charge since it can improve standards of law enforcement and also protect other innocent motorists out there.

How Our Legal Team Will Help You

By meeting with a DWI defense attorney, you will have an advocate on your side familiar with laws, codes of conduct, and many prior cases related to drunk driving arrest mistakes. Your attorney will advise you carefully each step of the way.

Learn More About DUI / DWI Cases

For more information about sobriety testing and other matters that would be of interest in DUI and DWI cases, be sure to contact our criminal defense lawyers in Austin and Belton today. The legal team here has years of expertise that will prove crucial when it comes to fighting on your side in the legal system.

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