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If you are facing an Austin driving while intoxicated (DWI) charge, a number of blood alcohol defenses may be used to your benefit. Because many prosecutors rely heavily on the results of a breath or blood test, their case may be weakened if a defense attorney can prove that the results are inaccurate.
Each person metabolizes alcohol differently based on his or her gender, size, or other physical conditions. However, breathalyzer machines are designed to estimate the average person’s blood alcohol content (BAC). A skilled DWI attorney can investigate your BAC test to determine if there were any factors that may have produced an inflated reading.
A Physical Condition May Affect BAC Readings
Your defense attorney may decide to have a medical test run to determine if there is a condition that causes your body to process alcohol differently or if your body naturally has a certain BAC level because of a physical disorder. This defense can help you if you tested over the legal limit, but did not consume alcohol.
The rising blood alcohol defense could also be used for your case. The law regarding how much alcohol you can have in your system is based on when you were driving. If you had a drink before getting behind the wheel, the alcohol doesn’t have enough time to enter your bloodstream and affect your driving. However, if the officer waits for a couple of hours before administering a breath test, your BAC may be elevated. An attorney may use retrograde extrapolation to estimate your blood alcohol content when you were driving.
Breath Test Devices Must Be Calibrated
Your attorney may also review the breathalyzer’s maintenance and calibration logs to determine if it was in proper working order. The breath machine’s meter is very sensitive and must be calibrated periodically according to the manufacturer’s guidelines. If it was not calibrated correctly, or the calibration certification has expired, your case may be dismissed.
As you can see, there are several Austin blood alcohol content defenses that can help your case. Our attorneys stay on top of the latest defense strategies in order to help clients accused of DWI in Travis County.