Katy DWI Defense Lawyer

A person who is found operating a motor vehicle with a blood-alcohol content level (BAC) over 0.08% can be subject to criminal charges for driving while intoxicated (DWI). Defendants in this situation might feel trapped–after all, can you really argue your way around the BAC level? The answer is that yes, you can. A good Katy DWI defense lawyer can not only examine ways to challenge the evidence, you might even find out that you weren’t at fault after all.

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Cory Roth Law Office has strong experience in fighting for our defendants and we’ve got a track record of success to back that up. People from across all of Fort Bend County and Harris County can turn to us when their legal back is against the wall. Call the Katy office today at (713) 322-5733 or contact us online to set up a consultation.

4 Ways To Challenge a 
DWI Charge in Texas

An attorney can question four things–the existence of reasonable suspicion, the existence of probable cause, the accuracy of a breathalyzer test and the accuracy of a blood test.

Was There Reasonable Suspicion?

Let’s start with why the defendant was pulled over to begin with. Police officers cannot simply “get lucky” by randomly stopping drivers unless they are at a designated sobriety checkpoint. The police officer needs a credible reason to believe the driver might be intoxicated.

Now, this is not a high standard for law enforcement to meet. Simply seeing someone leave the parking lot of a bar at a very late hour might be enough for reasonable suspicion. The same goes for any drifting over the center lane while driving. So, it doesn’t take much to establish reasonable suspicion, but a Katy DWI defense lawyer performing their due diligence will at least make sure it exists.

Was There Probable Cause?

Once a driver is pulled over, the police officer then needs probable cause to order a BAC test. Alcohol on the driver’s breath or an admission by the driver that they’ve been drinking is one way of establishing probable cause. An officer might also seek to get probable cause by asking the driver to perform field sobriety tests–to walk in a straight line or touch their finger to their nose or any of the other exercises law enforcement might seek to put people through.

The defendant’s lawyer might ask to see the video that the officers should have recorded of the field tests. Not everyone who fails to touch their finger to their nose is intoxicated. Not everyone who has reddened eyes has been drinking. It’s well possible that the entire basis for the BAC test was flawed from the outset. If the defense can establish that, then the BAC test results cannot be admitted as evidence in a court of law.

Was the Breath Test Accurate?

Breathalyzer instruments are far from perfect. They have to be properly maintained and calibrated. Officers have to be trained in their use. A Katy DWI defense attorney who does their homework might find errors on the part of law enforcement here .

Furthermore, a breathalyzer can be deceived by the food a person consumes or the medication they take. Did you know that bread and sugary foods might result in an abnormally high BAC level? The same goes for acid reflux and different types of prescription medication. A review of food and medicine intake can cast reasonable doubt on the accuracy of the breath test.

Was the Blood Test Accurate?

Perhaps a defendant was taken down to the police station and then administered a blood test. Setting aside whether probable cause even existed to take this step, there are still ways a blood test might give a faulty reading.

A blood sample must follow a strict chain of custody procedure. Every place the sample goes must be logged and documented. Failure to do so can result in the blood test being dismissed. Furthermore, if a sample stays in storage too long, that in itself can be a reason for dismissing it as evidence. Blood stored too long can start to ferment and the BAC level reading it provides can be inaccurate.

DWI charges have serious consequences, ranging from fines to higher insurance premiums to loss of license to jail time. It’s a charge worth fighting, and Cory Roth Law Office knows something about fighting for our clients. We’ve got a track record of success in challenging prosecutors, and we don’t back down. 

Call our Katy office today at (713) 322-5733 or contact us online to set up a consultation.

MEET YOUR ADVOCATE

 
  • Cory  Roth Photo
    Cory Roth Attorney & Founder

    My name is Cory Roth, and it would be my great honor, privilege, and responsibility to be your attorney. While the previous statement is true, it is cliché; it is something every lawyer will say. I know you have choices when it comes to picking a lawyer, so I want to tell you what sets me apart. First and foremost, I don’t trust the government and neither should you. I have learned in short time that prosecutors don’t like to work, and many of them don’t tell the truth. Therefore, it is my job to not accept anything that police, ...

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