If you were arrested for DWI after failing a breathalyzer test, it is important to understand that there is still time to challenge this evidence. While most people assume that they will face automatic conviction after submitting a blood-alcohol sample that was determined to be over the legal limit—which is .08% in the state of Texas—there are countless factors that could lead to an inaccurate BAC reading. For this reason, you should not assume that you will be found guilty until you have had the opportunity to discuss your case with a Houston DWI lawyer from Jim Medley & Associates, P.C.
Not only does Attorney Jim Medley have experience as a former police officer, but he has even obtained a Master’s degree in Forensic Toxicology. This means that he knows how to spot, and challenge, questionable BAC results before the evidence is ever presented before a jury at trial. Since all breath testing mechanisms use infrared spectroscopy and/or fuel cell technology to convert the amount of alcohol that is present in an individual’s breath to the amount of alcohol that is present in their blood, it is inevitable that there will be errors in conversion.
Procedural errors, one’s physiology and environmental factors can all compromise the integrity of the results, along with more obvious factors like improper calibration. In some cases, your attorney may even be able to argue that the results were skewed because you had smoked, eaten or belched immediately before submitting a breath sample—as each of these factors could interrupt the BAC reading. For this reason, it is highly recommended that you let Mr. Medley examine the evidence that is being held against you as soon as you have been arrested for driving while intoxicated (DWI).