Houston DWI Lawyer | DWI Defense in Houston, TX

Many thanks to DUI attorney Lawrence Taylor for sharing that the state of Ohio still bans a defendant from challenging the accuracy of the breathalyzer machine in a criminal case.  I can not imagine something like this happening in Texas.  I think our judges are more aware of the individual's right of confrontation despite not allowing the defense bar access to the inner workings of the machine. This Ohio law has been in place for twenty five years.  Luckily, no other state has followed their lead.  I say it is time that Ohio revisits this issue.

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A New Jersey Judge used several tactics to avoid a DWI conviction.  The judge tried using chapstick to avoid blowing into the breathalyzer machine.  Next, he stuck a penny in his mouth.  I am pretty sure that he did these things because nothing can be in or around someones mouth for a given period of time before the test is administered.

Nevertheless, the judge eventually blew into the machine and was convicted of DWI.  On top of that, the judge has been reprimanded with this conduct.  He may even lose his judicial position.

If you ever get pulled over for DWI you have the option not to take the breath test in the state of Texas.  Therefore, refuse the test instead of trying to deceive the machine or the officer because you will be hurting your case more by using these tactics. 

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