Court Rules Tens of Thousands of DWI Convictions Could Be Reversed Because of Mishandling Evidence

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A state Supreme Court recently ruled that more than 20,000 Breathalyzer tests might be tossed out after it was discovered the machines were not properly calibrated.

The court found that an officer mishandled the breathalyzer devices and did not properly maintain them.

In Texas a person commits the offense of Driving While Intoxicated (DWI) if the person is intoxicated while operating a motor vehicle in a public place. A first offense of DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. If it is shown on the trial of an offense of DWI that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days. If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Additionally, a Class B misdemeanor bears a fine of up to $2,000 and a Class A misdemeanor bears a fine of up to $4,000.

A person commits the state jail felony offense of driving with a child passenger if the person is driving while intoxicated and has a passenger in the vehicle that is younger than the age of fifteen (15) years old. If found guilty the minimum punishment is 6 months and the maximum punishment is two years in a state jail facility, and up to a $10,000 fine.

A person commits the third degree felony offense of driving while intoxicated if the person is driving while intoxicated and has two or more prior convictions for DWI (in Texas or other states). If found guilty the minimum punishment is two years and the maximum punishment is ten years in a prison, and up to a $10,000 fine.

If you have been arrested for DWI/DUI, you are likely experiencing a host of emotions. As the dust settles, you might be wondering if you were treated fairly, if the charges are accurate or how this experience will affect the rest of your life. Having a top-notch attorney on your side can protect your reputation, your driver’s license,  and your future.

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