Many people falsely believe that if they pass a breath test, they will be free to go and not be charged with DWI/DUI; this belief is false. Take for instance Larry Davis, an Austin man arrested and charged with DWI even though he blew 0.00 percent on an Intoxilyzer 5000. Most people are shocked by this story, but regrettably, as DWI lawyers in Houston we know that it is all too commonplace in every jurisdiction in America. And it is common for a number of reasons.
Reason #1: Nerves
Sober people can fail police sobriety exercises because they are nervous, uncoordinated or have bad balance. These police exercises are nothing more than a police officer’s justification to arrest someone accused of DWI/DUI. Police sobriety exercises do not determine impairment. A person can score all the “standardized police clues” of intoxication and still be sober. Don’t believe me? Just ask Larry Davis, and many others like him. Did you have to stand on one leg to obtain your driver’s license?
Reason #2: Test, Then Arrest
In many states, like Texas, you must be under arrest before an officer can lawfully request that you submit an evidentiary breath or blood specimen. So, since you are already under arrest, is the officer really going to release you and say he was wrong? Highly unlikely, especially considering your car has already been towed.
Reason #3: Intoxication Below The Legal Limit
If you are under the legal limit, or blow 0.00 percent, you can still be charged with DWI/DUI because the officer will now believe your “alleged” impairment is due to prescription medication, illegal drugs, or over the counter medication. ”But I have a prescription for Hydrocodone and Xanax!” Police officers can, and often do, find that people are intoxicated due to prescription medication, over-the-counter medication or illegal drugs, and not alcohol. The good news is that a lawyer skilled in defeating and defending “Drug Recognition Evaluation” evidence can help demonstrate the shortcomings and lack of scientific background in this type of investigative tactic.
There are many possible reasons that you could be arrested for a DWI/DUI despite passing a breathalyzer, and these reasons vary from jurisdiction to jurisdiction. All of these reasons point to why it is helpful to have a seasoned and board certified Houston criminal defense attorney in your corner if you are wrongly accused.