Law Office of Tim Powers
Were you recently arrested for driving while intoxicated (DWI) in Denton
County, Texas? If so, the prosecution will rely on evidence to prove you
are guilty. Fortunately, with help from an experienced attorney, you may
be able to challenge the evidence in question and reduce, or even eliminate,
the charges against you.
After your DWI arrest, you were probably given a breath, blood or urine
test in order to determine your blood alcohol content (BAC). It is important
to know that, although such chemical tests are common in DWI cases, the
results are far from flawless.
A breath test is the most frequently used method for measuring a person's
BAC. In Texas, members of law enforcement may only use the Intoxilyzer
5000, an older model of breath testing devices. Due to its aged technology,
however, the device is somewhat unreliable, and its results can often
be challenged in court.
Because the Intoxilyzer 5000 is the only breath-testing device approved
for use in the state of Texas, any results from other devices cannot be
used as evidence. For example, many officers use a small machine known
as a portable breath test to administer tests directly at the scene. Although
these devices may be used to help the officer determine whether a DWI
arrest is warranted, they are not authorized for professional use, and
their results cannot be used against you.
You may have been given a urine or blood test in lieu of breath testing.
If so, the state must prove the test was administered by a qualified individual;
otherwise, the results are not a valid type of evidence. State law also
regulates how these samples are stored and tested. Therefore, if any of
these requirements are not upheld, your blood or urine test results may
If you were recently arrested for DWI in Texas, obtaining legal counsel
is the best decision you can make. The right attorney can question the
prosecution's evidence and create a strong defense for your case.
As a member of the National College for DUI Defense, Denton attorney Tim
Powers has the extensive knowledge and experience to fight your DWI charges
and your DWI arrest.
Contact the Law Offices of Tim Powers for a free consultation and learn
how he can help improve your chances for success in court.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County DWI case or arrest in
Denton County, contact the offices of Tim Powers today. There is no charge
or obligation for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult