The traffic officer can only detail and arrest you if they have a probable cause of driving while intoxicated. If there is no probable cause and you were arrested or detained, the cause can be dismissed.
For example, if you were stopped by an officer while driving around 2 am in the morning but had done no violation or whatsoever, you can say the traffic officer stopped you for being on the road at a time when bars are usually shutting down. Any evidence collected at this time cannot be used against you.
Similarly, there are many other ways to fight a ticket involving DWI. But you should know that DWI is a little different from fighting traffic tickets.
Faulty Breath Tests:
The DWI breath tests used by officers have many flaws in them. The tests taken by these devices may have the following problems.
- The police may have used it improperly
- You could have a physiological condition such as gastroesophageal reflux disease
- The instrument itself could have malfunctioned
A DWI breath test is without any doubt one of the most common and popular ways to measure the defendants BAC but it is not always the best or accurate because of the fact that these devices cannot measure the actual amount of alcohol inside your blood. It only measures the amount of alcohol that is currently present in your breath and then converts it to tell how much amount ‘could’ be in your blood.
As a result, breath testing is inaccurate and can be easily defended against.
Dieting Can Affect Tests:
If you are on a specialized diet, especially the ones that restrict carbohydrates and promotes protein only diet, this can trick a DWI breath test and can result in a falsely high BAC.
Blood Testing Isn’t Always Accurate Too:
Let’s say that you end up giving your blood for testing DUI/DWI. Even this method isn’t accurate because of blood fermentation, blood contamination, and improper storage of your blood sample.
You can use these factors to fight against the ticket and easily say that the tests acquired are not accurate. Depending on the circumstances, your defense lawyer may easily be able to exclude blood tests from the evidence.
You Were Never Driving:
The police have to prove that you were driving on top of the fact that you were driving under the influence. For example, if you were in an accident where nobody saw that you were driving the car and the police found you out after the car was parked, it will be impossible to prove that you were the one driving the car.
Getting In Touch With Defense Attorney:
When things get out of hand and you do not know what to do next, get in touch with Collin County criminal defense attorney. The criminal defense lawyers have extensive experience in handling any cases related to alcohol.
Whether you were involved in an accident, or just stopped by the police for driving while intoxicated, you can find a reliable lawyer to help you out.
