How Can DWI Evidence Be Challenged?
Fort Bend County DWI Attorney Investigates on Your Behalf
After an arrest, many people assume that there is nothing they can do to defend themselves; however, this is very far from the truth. Just because you have been arrested, does not mean that you will be convicted. When you work with a firm such as ours, you will be able to challenge the evidence of your driving while intoxicated (DWI) charge and ensure that your rights are protected. At Rosen & Kovach, PLLC, we understand that this time in your life may be challenging, but our aim is to provide outstanding representation to my clients through aggressive defense. We will investigate the circumstances leading up to your arrest, ensure that your rights were not impeded upon, and fight to help you challenge any evidence that may seem questionable, tampered with or that was obtained in an illegal manner.
When you were stopped under suspicion of operating a vehicle under the influence of alcohol or drugs, you were most likely asked to submit to a field sobriety test. These tests are done on the side of the road in order to help an arresting officer determine whether you are too intoxicated to operate a vehicle. Field sobriety tests are usually done prior to a breath or blood test, and, unfortunately, they are not always accurate. Sobriety tests are usually conducted outside, so there are many complications that may occur naturally, not to mention the propensity for human error during administration of these tests. Being asked to walk a straight line on an uneven surface, for example, may keep some people from being able to properly complete this test even if they are sober. These tests are notorious for being inaccurate, and we will challenge any conclusions based on the field sobriety tests.
Although the state of Texas is an implied consent state (meaning you must submit to breath or blood tests, regardless of sobriety or not), you may be able to still challenge these tests. Breath tests are commonly used in the field to obtain a quick reading of the blood alcohol content; however, these machines are not always accurate. Law enforcement officials are the only ones allowed to repair and operate these devices, meaning that tampering could be evident or calibration could be incorrect. If you were asked to submit to a blood test, the specimen or vials could have been contaminated and the blood could have been withdrawn improperly, leading to an inaccurate reading.
Challenging Evidence of a Police Stop
Of course, all of these sobriety and chemical tests would not have taken place if there was not a traffic stop done. If you were stopped while driving, the officer must have valid reason to pull you over. If you were not swerving or operating the vehicle in a manner that would have condoned a police stop, then you may be able to challenge your charge. If your arrest occurred at a DWI checkpoint, we will fully review the checkpoint and make sure that it was a legal checkpoint. Checkpoints must be set up in an area that provides an alternate route to avoid the stop, be clearly marked that it is a DWI checkpoint, and the law enforcement officials conducting the stop must provide adequate staging areas and holding areas for suspected drunk drivers.
Working with an Aggressive Attorney
If you feel that your rights were violated in any manner, you can work with Rosen & Kovach, PLLC to retain aggressive legal defense for your DWI case. We stand ready to provide my clients with exceptional legal services in their times of need. If you have questions about your situation and the legality of your arrest, contact our firm today and schedule a confidential and free case evaluation as soon as possible. You deserve representation, and Rosen & Kovach can provide you with quality defense.
Contact a Harris County criminal defense lawyer from our firm immediately to challenge your DWI evidence.
"John made things happen!"
John Kovach represented me in two cases in which both were dismissed and jail time was avoided.- Katelyn