Harris County Breath Tests Lawyer
Breath testing is one of the most common methods law enforcement uses to collect evidence against drivers they suspected are intoxicated. Many people think they must take a breath test when asked by a police officer. While there are consequences for refusing, sometimes it is better to refuse. Even if you do not refuse to take the test and you blow over the legal limit of 0.08 percent, the situation is not hopeless. A Harris County breath tests lawyer will know how to refute the results to give you a better chance of beating the charges.
Our Harris County Breath Tests Lawyer Can Help if You Refuse
Unlike many other states in the country, Texas does not consider it a criminal offense if you refuse a breath test. However, that does not mean you will not face any consequences for a refusal.
After refusing a breath test, your driver’s license will be suspended for a maximum of 180 days. If you do submit to the test and you fail, your driver’s license is only suspended for 90 days. However, any time a driver fails a breath test, the officer will almost surely arrest them for driving while intoxicated (DWI). In many cases, the breath test results are the strongest piece of evidence the prosecution has against you and so sometimes, refusing can greatly work to your benefit.
It is important to note that there are certain times when law enforcement can force you to take a breath test. If you are pulled over for a suspected DWI and there is a minor under the age of 15 in the vehicle, the officer can require you to submit to a test. Likewise, if you are involved in an accident and the officer that visits the scene thinks you are intoxicated, they can also require you to take a breath test.
Our Harris County Breath Tests Lawyer Can Provide the Defense You Need
Even if you have failed a breath test, it is still possible for a Harris County breath tests lawyer to prepare a defense strategy for your case. Some of the most common defenses in these cases include:
- Challenging the officer’s probable cause to make the DWI stop
- Challenging whether proper procedure was followed when administering the test and making the arrest
- Proving you were coerced into taking the test
- Proving that the device was not calibrated properly
The results of a breath test can also be challenged. For example, if you had recently used mouthwash or certain medication, that can alter the results and render them inaccurate.
Our Breath Tests Lawyer in Harris County Can Provide the Defense You Need
Whether you have failed a breath test or refused to take one, our Harris County breath tests lawyer at Ayson Law Firm can provide the solid defense you need. Call us today at 832-209-2297 or fill out our online form to schedule a free consultation and to obtain the sound legal advice you need.