If you are arrested for DWI and provide a breath test over the legal limit, you may feel that your case is hopeless, and that your best option is to take some kind of plea agreement from prosecutors. After all, in a case in a case involving a breath test, the police may have scientific proof that you were over the legal limit, and to many, that can sound like compelling evidence.
This is a common misconception about DWI cases. In addition to the problems with the science behind the intoxilyzer test, the police commonly engage in tactics that will cause the test to be thrown out. For example, police commonly attempt to coerce you to take a test by implying directly or indirectly that if you pass, you will be free to go. This is highly improper. Judges and experienced DUI and DWI lawyers know that police in Texas cannot comment on the consequences of taking or refusing a breath test beyond what has been approved by the legislature. In other words, any attempt by an individual officer to induce you to take a test by any sort of psychological pressure may cause your breath test to be thrown out. An experienced DWI or DUI attorney will be familiar with these unfair tactics commonly utilized by the police and will help ensure that your rights are protected.