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police officer handing man a handheld breathalyzer device

If you took a roadside breathalyzer test that showed you were over the legal limit, you may be panicked about your defense. If the device showed you were breaking the law, what options do you have? Our team at Smith & Vinson Law Firm wants to reassure you that you can still fight and win your DWI case – even if you blew above 0.08%.

Defenses for DWI Over The Legal Limit

There are a few different strategies that may work for your case.

Challenging the Functionality of the Device

You may be able to base your defense on the breathalyzer machine itself. As we’ve all experienced, technology has its faults and flaws. Breathalyzer machines can also error and produce inaccurate results. Issues with the physical device or its programming could have impacted your breath test.

Challenging the Officer’s Maintenance of the Device

Police officers are required to make sure that their breathalyzer devices are always properly maintained and calibrated. The machine must be frequently tested for accuracy and calibrated as required by law.

Internal records will show the recent maintenance and calibration of the device, or lack thereof. Your defense attorney can work to access this information for your defense case.

Challenging the Officer’s Credentials

Police officers must be properly trained and certified to conduct breath tests. This is because the way the test is administered matters for the results. You may find that your arresting officer did not have the required credentials.

Getting Into the Science of DWI and BAC

If all of the factors regarding the breathalyzer and police officer are irrelevant to your case, you could base your defense on scientific principles. Alcohol absorption, rising BAC, personal health factors, or other components could have affected your breath test results.

Smith & Vinson Law Firm in Austin, Texas

A breath test showing you were above the legal BAC limit is not the end of the world, nor is it the end of your case. Our team at Smith & Vinson Law Firm has successfully won cases for individuals who were arrested after blowing above the legal limit. We don’t shy away from complex DWI cases, and we encourage you to contact our team today to further discuss your charges. You can reach us at (512) 359-3743 or click here for a convenient online contact form.

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