In 2013, 74,792 Texans were arrested for driving while intoxicated (DWI). This includes driving while under the influence of either alcohol or a controlled substance, whether illegal or legally prescribed by a physician. A Fairview driver can be charged with DWI if his blood alcohol content (BAC) is 0.08% or higher.
Don’t think that just because the results of a breathalyzer or blood test showed that your BAC was 0.08% or higher you should skip calling a Fairview DWI attorney and simply plead guilty. There are many factors that could have resulted in a false-positive on the breathalyzer test.
What Could Skew the Test Results?
Studies have shown that the presence of acetone in the breath – which can be present at levels of up to 0.06% in non-intoxicated individuals – can result in a false-positive. Acetone can be present in the breath of those suffering from:
- Heart disease
- Kidney disease
- Liver disease
Higher than normal levels of acetone may also be present in individuals who:
- Have taken aspirin in large doses
- Have recently taken pseudoephedrine, such as Sudafed or its generic counterparts
- Are fasting or dieting, especially in those on a low-carbohydrate diet
- Suffer from overexertion, fright or anxiety
- Drank diet soda
The Fairview DWI attorneys at Rosenthal Kalabus & Therrian understand that it is all too easy for a breathalyzer test to show a false-positive. We will look at any and all possible underlying conditions, whether medical or situational, that could have led to a BAC of 0.08% or higher other than being under the influence of alcohol or another controlled substance.
Any evidence that your BAC could have exceeded the legal limit for reasons other than intoxication will be used to argue for an outright dismissal of the charges, or used to show reasonable doubt and gain an acquittal at trial.
How Our Fairview DWI Attorneys Can Help
Driving while intoxicated is a serious charge that can lead to fines, jail time, and a suspended license, which could adversely impact your ability to work. The Fairview DWI attorneys at Rosenthal Kalabus & Therrian have successfully handled thousands of DWI cases. We have a thorough understanding of the science behind breathalyzer tests and all of the factors that can result in a false-positive, and will fight to prove that your BAC was caused by something other than intoxication. Contact the Fairview DWI attorneys at Rosenthal Kalabus & Therrian toll-free at (877) 538-8640 to schedule your free initial consultation.