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Challenging Sobriety Tests and Breathalyzer Results

Mark Scott



Armed with a deep understanding of DWI laws in Texas, you can work together with your attorney to challenge sobriety tests and breathalyzer results in order to introduce reasonable doubt in the prosecution's case and improve your chances of a favorable outcome. One potential strategy for your defense is to question the accuracy and reliability of these tests. By scrutinizing the methods used to administer the tests and the equipment used to measure blood alcohol content (BAC), you and your attorney may be able to poke holes in the prosecution's evidence. This can cast doubt on the reliability of the results and ultimately weaken the case against you.


When challenging sobriety tests, your attorney will meticulously examine whether law enforcement officers followed proper protocols during their administration. They will delve into the details surrounding each test you underwent, such as the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. Your attorney will scrutinize whether these tests were conducted under ideal conditions, as improper administration of these tests can introduce inaccuracies and subsequently compromise their validity.


Similarly, your attorney will also scrutinize the breathalyzer results. They will investigate whether the breathalyzer device used to determine your BAC was properly calibrated and maintained. Any deviations from the manufacturer's guidelines or failures in regular maintenance could call into question the accuracy of the readings. Additionally, your attorney may explore whether any external factors, such as mouth alcohol contamination or medical conditions, could have influenced the breathalyzer results.


By challenging the sobriety tests and breathalyzer results, you and your attorney aim to introduce reasonable doubt in the prosecution's case. Casting doubt on the reliability and accuracy of these tests can create a strong argument in your defense. In the next section, we will explore another avenue for defense: proving faulty equipment and inaccurate readings.,

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