Houston Breath Tests Lawyer
After someone has taken a breath test and failed, they think they are automatically guilty of driving while intoxicated (DWI). Fortunately, while this is what law enforcement and the prosecution would like you to believe, it is not true. Breath test results are often inaccurate and even when a driver blows over the legal limit, it does not mean they will automatically be found guilty. A Houston breath tests lawyer can help you fight the charges and retain your freedom.
Our Houston Breath Tests Lawyer Explains the Consequences of Refusal
While some states make refusing a breath test a criminal offense, Texas is not one of them. You do have the right to refuse a breath test, although doing so does come with some consequences.
If you refuse to take a breath test, your driver’s license will be suspended for up to 180 days under the law. Your license will only be suspended for 90 days if you take the test and blow over the legal limit. However, the police officer will likely arrest you and charge you with a DWI. It is sometimes advised that drivers refuse the breath test, as it makes it much more difficult for the prosecution to secure a conviction against you.
There are some situations in which you are not allowed to refuse a breath test. For example, if you are involved in an accident and the officer thinks you are intoxicated, they can require you to submit to the test. Additionally, if you are suspected of a DWI and have a child in the car, law enforcement can also require you to take a test.
Our Houston Breath Tests Lawyer Can Get Results Thrown Out
It is possible to get the results of a breath test thrown out and the strategy used will depend on the facts in your case. Our Houston breath tests lawyer will consider a number of factors when determining which strategy is best for you, which may include:
- If the police officer had probable cause to make the DWI traffic stop
- If the police officer followed proper procedure for testing and making the arrest
- If you were coerced into submitting to the test
- If the device was calibrated properly, particularly if the test was taken in a mobile van unit
- If you were advised that you could take a blood test rather than a breath test
Our skilled attorney will also take other factors into consideration that could get the results thrown out. For example, if you had recently smoked, used mouthwash, or even had dental work, those can all alter the test results. Our lawyer will know what evidence to present to deem the evidence against you inadmissible and get it thrown out of court.
Our Houston Breath Tests Lawyer Can Defend Your Case
If you or someone you love has failed a breath test and been arrested for a DWI as a result, our breath tests lawyer in Houston can help. At Ayson Law Firm, our experienced attorney knows how to challenge breath test results so they cannot be used against you. Call us today at 832-209-2297 or contact us online to schedule a free consultation and to learn more about your legal options.