Faulty DWI Tests

Every day, police and sheriff’s deputies in the Texas Hill Country stop drivers they believe are under the influence of alcohol. They usually order the motorists to perform a series of tests to determine the level of alcohol in their system. If an officer decides the person they pulled over has failed the tests, they arrest the individual on suspicion of DWI.

The secret about these tests is that they are far from perfect. Devices regularly fail and officers frequently make mistakes that can cost you your freedom, your ability to drive or both. Attorney Harold J. Danford has practiced DWI law as a prosecutor and defense attorney for more than 25 years. Known as “The DWI Guy,” he has vast knowledge of errors in roadside test results and will fight to get bad tests thrown out of court.

What Can Cause a Breath Test Device to Fail?

Breath test devices that measure your blood alcohol level must be regularly calibrated. Failure to do so by the officer who administers the test on the road or at the police station can skew the results; this could make it appear you are over the legal limit of .08% when you are actually not. Various other rules must also be followed, like a 15 minute waiting period, which can affect the result. At Danford Law Firm, PLLC, our DWI Defense Attorneys are highly experienced at reviewing field sobriety and breath test evidence for accuracy.

The Problem with Field Sobriety Tests

Field sobriety tests like the walk-and-turn test and the one-leg stand are supposed to detect whether your balance, reflexes and judgment are impaired by alcohol. However, these tests rely on the officer’s judgment. If the officer is inexperienced or their judgment is compromised, they could misinterpret the results and wrongfully arrest you. In addition, such tests often fail to take into account weather conditions or if the subject has a disability that makes walking in a straight line or standing on one foot difficult. Our attorneys carefully consider how the tests were completed and any conditions you may have that could impact your ability to complete them.

Taking Action Against Police Errors

We will investigate the circumstances of your arrest and determine if the testing was flawed. If it was, we will work doggedly to get the judge to throw out the test results. Often, these roadside tests are the sole evidence against DWI defendants, so successfully suppressing bad field sobriety tests can lead directly to your charges getting dropped.

Don't Accept Flawed Roadside DWI Tests

If you suspect there were errors in roadside testing before your DWI arrest, call Danford Law Firm, PLLC, in Kerrville, Texas. We answer calls 24 hours a day, seven days a week, so you can reach us whenever you need a DWI defense attorney. You can also email the firm.