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2 Things You Can Challenge To Fight A Texas DUI Charge

On Behalf of | Feb 5, 2023 | Drunk Driving |

Facing a conviction for DUI is a really worrying time, especially when you feel like you weren’t in the wrong.

Challenging the word of a police officer can often feel too difficult and even pointless. There are times, however, when police officers get it wrong, and the machinery they use doesn’t work properly.

Here are two ways you can defend a DUI charge.

#1 The breath test

A roadside breath test is the most common way a police officer will test to see if you’re over the blood alcohol limit while driving.

These tests are not always accurate. There are certain things, such as medical conditions and even recently using mouthwash, that can give a false positive. Aside from that, the machine that’s used needs to be properly maintained, and the evidence must be handled in the right way. If this is not done, there’s an opportunity to challenge the validity of the test.

#2 Challenging the police testimony

Proving your guilt beyond a reasonable doubt is something for the prosecution to do. They will be looking to rely on the evidence given by the police officers who attended the scene.

The police report will show all the information surrounding the arrest, including what the police officers observed at the scene. If the police officers were wearing cameras, it could show if their actions or behavior differed from what is expected of them. Certain breaches of the protocol may be enough to convince a judge to dismiss the case.

Challenging a DUI can be difficult on your own. Early legal help can assist you in making sure you build the best possible defense you can to the charge.