Bristol Myers


Criminal Law Austin, Texas

Legal Resources

DWI Defenses that Might Require Your Testimony

The idea of testifying in court is very stressful and terrifying for most of my DWI clients, especially since they know they will be subject to cross-examination by the prosecution. For this reason alone, I prefer that my clients exercise their 5th Amendment rights and not take the stand. You are not required to testify in court and the decision to testify is one that this Austin DWI lawyer reviews carefully with each and every client as we prepare for trial. Most of the time, the points we need to make with the jury to mount a successful defense can be made through my relentless cross-examination of the arresting officers. However, if during your DWI trial we raise certain defenses, such as exposure to toxins that caused a false blood alcohol level or the disconnect theory, you may be needed to testify to those specific facts.

Your Work Environment = Exposure to Toxins = Falsely High Breath Test

Some of my clients work in certain fields that expose them to toxic materials on a regular basis. Painters of any type (home/auto) are especially at risk. As your Austin DWI lawyer, I may use this as a defense during your DWI trial to show that the results on the breath test administered by the police were skewed. Paints and solvents can be mistaken for alcohol on a breath test. If you are exposed to these toxins on a regular basis at your place of employment, your body can become saturated, resulting in a falsely high blood alcohol test. This is a highly scientific defense for a DWI trial. It is preferable that we use an expert at your DWI trial to testify as to the effects that these chemicals will have on a breath test.

Disconnect Theory

A disconnect theory basically states that the way you acted at the time of your DWI arrest is inconsistent with your resulting blood alcohol level. As your Austin DWI lawyer, I will use this theory to demonstrate that there may have been a problem with they way the arresting officer administered or interpreted the chemical sobriety test upon your DUI arrest. You will need to testify in court if the arresting officer failed to question you about what and how much you had been drinking or failed to record your answers and include them as part of your police record.

If you have been arrested for driving while intoxicated, schedule a free consultation with an experienced Austin DWI lawyer by contacting Bristol Myers, Attorney at Law, at (512) 478-2100.

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