If you have been stopped and are investigated for DWI in Fort Worth or a surrounding city, you may be asked to submit to a breath test on the side of the road. Typically, an officer has a hand held breath test device and will ask you to blow into the device. Fort Worth officers use this as a tool to determine whether or not your alcohol concentration is 0.08 or higher. Many clients who submit to a portable breath test believe that can be evidence against them in a jury trial. Texas case law has excluded the admission of the portable breath test result from being admitted into evidence at your DWI trial.
If you have submitted a breath test result and that result shows an alcohol concentration over a 0.08 the prosecutor must prove that you were at a level above 0.08 at the time you were driving. Thus, if you submit a breath test over a 0.08 an hour or two after driving it does not necessarily mean you are guilty of DWI.
It is also important to know that the manufacturer of the Intoxilyzer 5000 does not warranty the machine for any particular purpose. Also, Texas law only requires that the two breath test samples you submit are within a 20 % variance. If you submitted breath tests of .080 and .098 the machine is said to be functioning correctly.
The most important activity you can require to decrease the chance that you endure an offense or felony conviction is to state your rights early and often. DO NOT TALK TO THE POLICE AND IMMEDIATELY INDICATE THAT YOU ARE EXERCISING YOUR RIGHT TO HAVE AN ATTORNEY PRESENT. YOU ALSO SHOULD NOT CONSENT TO A SEARCH OF YOUR HOME, VEHICLE OR BUSINESS EVEN IF YOU BELIEVE YOU HAVE NOT DONE ANYTHING WRONG.
The rights of the implicated in a criminal case provide the chance to insist effective and highly effective defenses, yet lots of people that are discouraged by the police and/or the gravitation of the situation waive these important rights. The danger of not taking instant steps to retain a skilled criminal defense lawyer is revealed by the basic truth that if everyone arrested for claimed criminal conduct exercised their Constitutional civil liberties, a great deal less individuals would certainly be secured in the jails and prisons of Texas.
We know that a criminal conviction can have serious repercussions on your future so we work diligently to limit the adverse consequences of a misdemeanor or felony conviction. These devastating consequences may include:
- Criminal record that is revealed in criminal background checks
- Denial of loans from banks and finance companies
- Barriers to employment in specific occupations
- Ineligibility for certain professional licenses
- Removal and exclusion from entry to the U.S. under immigration laws
- Public record of your conviction available to landlords and employers
- Expulsion or denial of admission at some universities