The Shapiro Law Firm
Get help 24/7
972-423-0033
Experience You Can Count On
View Practice Areas

Challenging the evidence in a Texas impaired driving case

Whether you have allegedly driven while under the influence of alcohol, illegal drugs or prescription medication, facing an impaired driving charge in Texas doesn't mean a conviction is inevitable. In fact, you should try to do everything you can to avoid entering a guilty plea or getting convicted. Texas has harsh penalties that get worse for repeat impaired driving offenders.

Many people think that there is no successful way to defend against Texas impaired driving charges, but that isn't true. The evidence gathered at the time of arrest could be unreliable because of how law enforcement officers administered the test. It's also possible that the laboratory involved in testing or handling the evidence made a mistake.

In other words, even though there is evidence, it may not guarantee a conviction or even a trial. Your attorney could help you find ways to have evidence against you thrown out of the case.

There can be issues with the administration of chemical tests

Chemical tests are often problematic. People think of them as infallible, but they aren't always reliable. They test for an entire family of chemicals, which means that medical conditions can cause positives on breath tests.

The units used to administer the tests can also cause problems. They require calibration and software updates. Officers often need retraining in order to handle the testing units properly. Sometimes, just checking when a device was calibrated or whether it had a software update could be enough to have its results ruled inadmissible for court.

Problems or mistakes in the chain of custody for evidence can help your case, too

In order to ensure the accuracy of chemical test results, the evidence must be carefully gathered, stored and transferred, with proper labels and records of every transfer.

Small mistakes in those processes could have a massive effect on the reliability of the test results. Having an attorney review the chain of custody records for the evidence in your case could reveal something that makes the evidence of questionable value to the prosecution.

Was the evidence gathered illegally?

Sometimes, law enforcement agents get evidence through illegal or improper methods. When they do that, they violate the civil rights of the individual involved in the arrest or traffic stop. If you believe there has been a violation of your civil rights, discussing it with an attorney can help you determine whether it presents a viable option for challenging the evidence.

Whatever your situation, you should keep in mind that it is possible to challenge physical evidence in court. Talking with a Texas criminal defense attorney can help you decide if that strategy is the best option in your case.

No Comments

Leave a comment
Comment Information