Everybody make mistakes, and thousands of people find themselves behind bars for driving while intoxicated every year. Educate yourself on how to get the best results from this unfortunate situation and make sure you are being treated fairly. There are a multitude of DWI charges that are not accurate, and If you believe you may have been falsely accused, keep reading below for common DWI defense reasons. Police have probable cause to ask you to take a breathalyzer test if you have bloodshot eyes, swerve on the road, or the officer can smell alcohol from the vehicle. Bloodshot eyes and swerving on the road may be caused by several reasons besides drinking, and breathalyzers are not always 100 percent accurate.
Reasons for False DWI Charges
- False breathalyzer readings: According to the National Motorists Association, there is a 50 percent error rate when comparing breathalyzer readings to blood tests. False positive readings can also be caused by health and dietary reasons. Diabetes, a diet high in protein or low in carbs, and fasting have been known to create positive readings. Medications including common cold and flu medicines, smoking, and using mouthwash or breath spray can also interfere with the reading.
- Improper training: Some police officers may not be trained to properly use a breathalyzer device, and if you feel that the officer was inept at testing you, this should be brought forward to the jury.
- Probable cause not justified: As was discussed above, police may have suspected you were drinking for the wrong reasons. For example, you could have been tired and your eyes were bloodshot. Know the officer’s reason for wanting to test you for defense purposes.
The way our legal system processes DWIs is obviously not foolproof. There are more discrepancies in the process than meets the eye. After a DWI or refusal to take the breathalyzer, you have 15 days before your license is suspended. If you have failed a breathalyzer test, or have been tested without probable cause, call (972) 315-6222 to arrange a free initial consultation with an experienced Dallas-Ft. Worth based DWI attorney now. Two of our attorneys Michael Crowder and Jared Julian are former police officers. You can also reach out to us online through our free and confidential claim review form.