Houston DWI Lawyer | DWI Defense in Houston, TX

There are many reasons not to trust the alcohol breath test machine that is used by the Government.  For starters. it really does not test for alcohol.   What it is really testing for is a chemical compound that contains the methyl group in its molecular structure.  This includes many common things we eat like bread.  Sounds unfair huh?  Also, it discriminates against woman.  In other words, if a woman and man drink the same amount and weigh the same the machine will register the woman with a higher reading.   Also, in Houston, Harris County, Texas there was a case where a supervisor of several machines was convicted of tampering with them  Even more recently, an Arizona police officer that was in charge of the machine has been suspended for falsifying the records that accompanied the machine.  It is no wonder that more and more people are skeptical of providing a breath sample when requested of them.

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As aHouston DWI Lawyer I witness law enforcement use the breath test as a major source of evidence in building a case of intoxication against a driver suspected of being intoxicated. A consequence of not blowing is a possible license suspension. The accused has to make a decision to blow or lose their license. If you don't trust the machine and thus the results should you blow knowing this may lead to a criminal conviction? Of course not. But the consequence may mean the loss of your license. That is why it is imperative that you fight the suspension.

 It is important to note that the rules are not created to help the accused. If you win the Administrative License Revocation Hearing and thus your license is not suspended, plus either are found not guilty or have your case dismissed, you still face suspension in the future if you have a refusal within a 10 year period. That's right, even if you are found not guilty and your license is not suspended at the ALR. If you are stopped again and accused of DWI and do not blow, the second contact can lead to a 2 year license suspension.

The best thing to do is not get yourself in the situation, but if you do you must fight it every step of the way.  If you need the assistance of a DWI Attorney in Houston please contact our law firm at (713) 877-9400.

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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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