If you are facing DWI charges, you should get in touch with an experienced criminal defense attorney as soon as possible so they can discuss the details of your situation with you and determine if it is possible for you to fight the DWI charge.
Was There Probable Cause for the Stop? An officer must have probable cause to stop, detain or arrest you for DWI. If there was no probable cause the evidence and the case itself may be dismissed.
Did the Officer Use Faulty or Unreliable Breath Tests? Some DWI breath tests in use in certain jurisdictions have known flaws, such as instrument malfunction, improper use by officers, physiological conditions that alter the results, etc. Breath testing is the most common method of obtaining a measurement of a defendant’s BAC, but it is not always accurate since the test doesn’t directly measure the levels of alcohol in the blood, but the amount in the individual’s breath. The conversion of the amount of alcohol in the breath to the amount of alcohol in the blood leaves the test susceptible to a variety of outside influences that can generate inaccurately high BAC readings. Breath testing results can also be affected by alcohol lingering in the mouth due to dental work trapping alcohol-soaked food in the teeth, acid reflux, heartburn, GED, etc.
Do You Have Any Medical Conditions that Could Affect the Results? Some medical conditions can contaminate DWI breath test results. Conditions that have been known to do so include Gastroesophageal Reflux Disease (GERD), acid reflux, heartburn, etc.
Do You Have Dietary Restrictions That Could Result in a False High BAC? Diabetes, a high protein/low carb diet, or hypoglycemia can cause a false high BAC because of the body’s ability to self-produce isopropyl alcohol when carbohydrate deprivation requires the body break down stored fat for energy. Many DWI breath testing instruments are not sophisticated enough to distinguish between self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink), resulting in potentially false high BAC readings.
Consider these and all the other details with the help of an experienced DWI attorney to determine how best to handle your charges. Please get in touch with Aronow Law PC DWI attorneys today so we can help you prepare your DWI defense.