Defending a DWI Case In Georgetown, Texas
This is the next post in our series on the handling of DWI cases in Williamson County, Texas. Our last post discussed how the Fourth Amendment applies in cases where one is charged with driving under the influence. In this post we will discuss other issues which arise in DWI cases even when search and seizure issues are not present. If you have been arrested on such charges in Georgetown or Austin then it is crucial that you contact an attorney immediately.
Williamson County DWI charges can be challenged due to issues with the chain of evidence
DWI charges may be challengeable even if search and seizure issues are not present as there may be problems with the chain of evidence. At a trial the prosecution will have to present evidence of a failed blood test. From the time the blood sample is taken, through the time of trial, the sample must be adequately preserved and all handling of it must be documented. More often than many people realize, there are issues which arise in the handling of evidence. When the prosecution cannot present a proper “evidence chain” then it may be possible to challenge the admission of the blood test at trial. Without such evidence it is quite possible to gain an acquittal. It is crucial that you hire an attorney who understands such issues so that problems with the chain of evidence are properly raised at your trial. Williamson County aggressively pursues DWI charges and you need a lawyer who will explore all possible options when handling your defense.
Georgetown residents may be able to challenge the procedures police used in analyzing evidence of DWI
The police cannot charge you with driving while intoxicated simply because they believe you to be under the influence. They must have scientific evidence of a drunken state. This evidence can come in the form of field sobriety tests, breathalyzer tests, as well as blood analysis performed by a lab. The good news for Georgetown defendants is that it may be possible to challenge such evidence at a DWI trial.
Law enforcement must use proper procedures when testing for whether one was driving under the influence. If a field sobriety test is not properly administered then it may be possible to challenge everything which happened after the test. Likewise, it may be possible to challenge the admission of a breathalyzer test if there is not testimony as to how the machine was calibrated and checked to ensure it was offering a proper reading. It will also be necessary for officers to be able to testify as to procedures that were followed in conducting any blood tests.
Not all attorneys understand the above discussed issues. It is crucial that you contact an attorney immediately if you are charged with driving while intoxicated. In addition to Georgetown, we service the surrounding communities of Austin, Bartlett, Cedar Park, Florence, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Taylor, Thrall, and Weir.