A conviction for driving while intoxicated has serious ramifications, both in the short-term and the long-term. Even though a DWI is “only” a Class B misdemeanor, that still results in fines, possible jail time, and the suspension of a driver’s license. Depending on the circumstances, a Class B misdemeanor conviction can still result in court-ordered alcohol abuse treatment and the installation of an ignition interlock device on the defendant’s car to measure their sobriety. That’s to say nothing of what a conviction can do to one’s record and reputation. Calling an experienced Fredericksburg DWI lawyer should be the first step a person takes if arrested for driving while intoxicated.
The Law Offices of George A. Scharmen have spent over 40 years fighting for defendants in DWI cases. We serve both the English and Spanish-speaking communities. Call our office at (210) 405-9730 or contact us online to arrange for a free consultation. Payment plans are available. .
Sugar is one prime example. How often does someone at a party enjoy a piece of cake or two with their wine? They may have enjoyed the wine very moderately and responsibly, but the presence of the sugary cake in their system can “fool” the breathalyzer.
Bread is another substance that can trick the breathalyzer. Snacks ranging from pretzels to other appetizers are extremely common to have while enjoying responsible, social drinking with friends, family, or colleagues. That could be the cause of the high reading.
Medications are another possible culprit. Even something as basic as a breath mint—hardly unusual to consume after having had an alcoholic beverage—could create a deceptively high blood-alcohol content (BAC) level reading. The same issue can happen with cough medicine, Robitussin, Nyquil, and others like them.
Health conditions could be a further reason that the driver’s BAC level registered over the legal limit. Acid reflux, heartburn ,and other issues associated with the gastrointestinal tract might be the cause.
Attorney George A. Scharmen has a deep understanding of how to investigate a DWI arrest, understanding that comes from over 40 years of doing this work. Call (210) 405-9730 or fill out our online contact form to set up a free consultation.
The breathalyzer equipment itself must be subjected to its own investigation. Breathalyzer equipment has strict protocols that must be followed. They must be recalibrated on a scheduled basis. The officers must receive training in how to properly use them. Furthermore, it’s the responsibility of the authorities to prove to the court that their breathalyzers meet the legal standard required for use. It’s the Fredericksburg DWI lawyer’s job to insist that the police do theirs.
An attorney must take the time to walk through all of these possibilities with their client. The defendant may not realize all the exculpatory reasons that may exist. It’s the attorney’s job to make them aware, and to find out the necessary information.
Other Reasons a DWI Test May Be Inadmissible in Court
Even if the BAC level testing was done via a blood sample, which has its own set of procedures, protocols, and potential flaws that a good lawyer will explore. Furthermore ,our discussion to this point has assumed that the police officer’s very taking of the test was valid. But what if it wasn’t?
Police officers cannot randomly test drivers (unless they are at a designated sobriety checkpoint). They need a valid reason to believe the driver may be intoxicated. A defense attorney will drill down and find out if probable cause for the BAC level test even existed.
An Experienced Lawyer You Can Trust
The Law Offices of George A. Scharmen have spent over 40 years working on DWI issues. In fact, our entire practice is devoted exclusively to these cases. We understand what questions have to be asked, and what issues have to be raised, because we’ve been through it all so many times before. Protecting the rights of defendants is why Attorney Scharmen is a founding member of the national college for DUI defense, and other DWI legal defense organizations here in Texas. Give him a chance to help you next.
Call us at (210) 405-9730 or contact us online to set up a free consultation.
Going the Extra MileWhile we try to avoid the courtroom for clients, I promise to be ready for anything - including a jury trial.
Extensive DWI ExperienceFor more than 40 years, I have exclusively practiced criminal law and DWI defense.
Recognized in the CommunityHighly respected among colleagues, I'm double-board certified and the recipient of many awards and accolades.