Man blows 0.00 on breathalyzer, gets arrested for DWI

Posted on April 14, 2018 in Uncategorized

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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 a fallacy. Take for instance Larry Davis, an Austin man arrested and charged with DWI even though he blew 0.00% on an Intoxilyzer 5000 (–gets-arrested-for-dwi-003450614.html). Most people are in shock over this story, but regrettably, it is all too commonplace in every jurisdiction in America. It is common for a number of reasons. See the video of this man's arrestright here.

Reason #1: 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: In many states, like Texas, you must be under arrest before an officer can lawfully request you submit an evidentiary breath or blood specimen. So you are already under arrest, is the officer really going to un-arrest you and say he was wrong? Highly unlikely, especially considering your car has already been towed.

Reason #3: If you are under the legal limit, or blow 0.00%, 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. 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 police investigative tactic.

There are many other reasons too, and these reasons vary from jurisdiction to jurisdiction. All these reasons point to why it is helpful to have a seasoned and board certified DWI/DUI attorney in your corner if you are wrongly accused.

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