Police officers interacting with you during the traffic stop or after a car crash will use every bit of information they can to build a criminal case against you. Often, they will ask you a few questions, and the way that you answer may lead to a request for field sobriety tests. Officers ask you to exit your vehicle and follow their instructions.
That may then turn into a request to provide a breath sample for a chemical breath test. Depending on your performance on those tests and the circumstances leading to your interaction with the police, they may arrest you at that point.
Many people assume that they have to plead guilty to driving while intoxicated (DWI) charges because of the evidence against them, but the truth is that a defense is possible. That evidence won’t necessarily hold up in criminal court.
What about the breath test?
There is plenty of documentation about the failings of chemical breath tests. From the devices’ inability to tell the difference between medical issues and alcohol intoxication to inaccurate readings caused by a police department improperly maintaining the device, there are many reasons breath test results may not reliable.
Some defendants may find that they can challenge the outcome of a chemical breath test in Texas criminal court and have the results excluded from their trial. If you strongly believe that the results were inaccurate, that could inform the strategy you employ in court.
Can you challenge a field sobriety test?
There are numerous reasons why you could challenge the inclusion of field sobriety test results or at least prevent them from having a major influence on the outcome of your trial. If a police officer improperly administered the tests that could give you grounds to ask the courts to exclude them the results. If they didn’t record the test process, you could challenge their version of events.
Sometimes, defendants can prevent the courts from hearing about a field sobriety test and breath test at the same time by raising a claim that the officer pulled them over without proper legal justification. Even if you cannot keep the evidence out of court, you may be able to raise questions about your situation at the time of your arrest. Reviewing the evidence against you can help you decide on the best defense strategy for upcoming DWI charges.