Texas DWI Breath Test: A high breath test DWI can be won with proper defense tactics by Collin County DWI lawyer Troy Burleson
by Plano DWI attorney Troy Burleson
As I have reported here before, there are many reasons why a person should not plead guilty if they gave a breath test that was over the legal limit of 0.08. I recently had a client, charged with DWI, who gave a breath sample nearly twice the legal limit. However, using a pre-trial motion strategy that I haved reference in this blog, I was able to get my client an acquittal.
A good attorney should review every aspect of his client’s case to ensure that the State can prove the client guilty both factually and legally. Even when the facts are not on your side, as they were not in my client’s case, sometimes the rules of criminal procedure can be. Under section 38.23 of the Texas Code of Criminal Procedure, evidence that is gathered in violation of a citizens rights CAN NOT be used against that person at trial. This rule is known as the Texas Exclusionary Rule.
After properly reviewing the police report and video in my client’s case, it appeared we had legal grounds to fight my client's DWI case. So, I turned to one of the legal tactics that I have previously outlined here and had a hearing to challenge the admissibility of the State’s evidence. After the hearing, the presiding judge agreed with my interpretation of the facts and the law in my client’s case and he ruled that the State could not use any evidence it gathered against my client at trial, this evidence included the breath test that was over twice the legal limit.
The end result was that my client was found not guilty of a DWI that most attorneys would have told their client to plead guilty. REMEMBER, sometimes a case can be won regardless of bad facts. A good attorney, proper preparation and good defense tactics are valuable assets in fighting any case.
