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Contesting the evidence related to your first offense DWI charge

On Behalf of | Aug 4, 2021 | Criminal Law |

A stop by law enforcement, while you are on your way home from a party, can result in a charge of driving while intoxicated.

If this is your first offense, you are no doubt wondering what happens next. Keep in mind that you can contest the charge against you.

Facing penalties

In the state of Texas, the penalties you face for DWI are severe. They include fines and the possibility of having to attend alcohol education programs. The court may order you to perform community service, and there is also the potential for jail time, even for a first offense. Of immediate concern is the suspension or revocation of your driving privileges.

Calculating your BAC

The penalties you face will largely depend on your blood alcohol content level when arrested. For instance, the threshold is 0.08% for drivers aged 21 and older and 0.04% for drivers of commercial vehicles. A breath test will determine your BAC, but this is just one area where issues can occur—possibly in your favor.

Contesting your charge

When it comes to contesting the DWI charge, one of the areas an advocate working on your behalf will examine is the machine you used in taking the breath test. The machine might not have been calibrated correctly, or the person conducting the test might not have received sufficient training. In addition, laboratory errors could have occurred. The examination of evidence will go back to your arrest. From that time forward, law enforcement officials could have made administrative mistakes. In short, there are many reasons to contest your DWI charge and you have the right to expect the best outcome possible for your case.

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