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What can you challenge in your defense of a Texas DUI charge 

On Behalf of | Dec 28, 2022 | Criminal Defense

Facing a conviction for DUI is a really worrying time, especially when you feel like you weren’t in the wrong. 

Challenging the word of a police officer can often feel too difficult and even pointless. There are times, however, when police officers get it wrong and the machinery they use doesn’t work properly. 

Here are two possible ways your defense can defend a DUI charge: 

1. You may be able to challenge the chemical testing

A roadside breath test is the most common way a police officer will test to see if you’re over the blood alcohol limit while driving. 

These tests are not always accurate. Certain things, such as medical conditions and even recently using mouthwash, can give a false positive. Aside from that, the machine that’s used needs to be properly maintained and the evidence must be handled in the right way. If this is not done, there’s an opportunity to challenge the validity of the test.  

2. You may be able to dispute the testimony of the arresting officer

Proving your guilt beyond a reasonable doubt is something for the prosecution to do. The prosecution will be looking to rely on the evidence given by the police officers who attended the scene and therefore their evidence is integral to their case. 

The police report will show all the information surrounding the arrest, including what the police officers observed at the scene. If the police officers were wearing cameras, this is also useful evidence if it shows that you were polite, helpful and acting normally when you were stopped.  All these details can often be challenged and, if the defense can show inconsistencies, it’s possible to have the case thrown out. 

Challenging a DUI can be difficult or impossible on your own. Early legal guidance can assist you in making sure you build the best possible defense you can to the charge. 

Ramos & Del Cueto, can provide experienced and dedicated assistance if you find yourself in need of help. Call 210-761-6004 or use the form below to contact our firm immediately.