One strategy a DWI attorney in Waxahachie, TX may use is to question the accuracy of the testing used to determine a client’s blood alcohol content. When police officers stop a driver and believe the person is intoxicated, they may order a field sobriety test followed by a breath check, or they may skip the field test altogether. Failing these tests leads to the driver being brought to a facility where blood testing can be done.
Field sobriety tests have inherent problems. They check a person’s level of coordination, for instance, but not everyone is particularly coordinated, especially under this type of pressure. Stumbling due to nervousness can occur. A woman might be wearing high heels and not feel comfortable about taking her shoes off along a highway.
Breath tests are known to have various problems with accuracy. The equipment only estimates the BAC. If the driver was determined to have a BAC level that was only slightly higher than the legal limit, a DWI attorney in Waxahachie, TX may be able to create doubt about the results.
If blood testing is not available quickly enough to evaluate the BAC, law enforcement officials may demand a urine sample. These samples pose problems with accuracy because the alcohol content of the liquid is variable depending on how often the person has urinated while drinking. The officers usually want two urine samples within 20 minutes, but the individual may not be able to produce two if they had been using the bathroom regularly beforehand.
Possible penalties for conviction of DUI in Texas are steep. A judge can sentence a first-time offender up to 180 days in jail. The driver’s license can be suspended for a full year, and the fines can be as high as $2,000. Community service hours may be required as well.
These are some of the reasons why a person charged with DUI benefits from being represented by a law firm such as Mallios & Associates PC. Information on this particular organization can be viewed at the website mallioslaw.com.