In a bizarre incident in Austin, Texas in 2013, a driver was arrested for
DWI (driving while intoxicated, the Texas equivalent of
DUI) even after a
breath test result of 0.0%.
The driver fought his DWI charge, but Austin police stood by their decision
based on their "take-no-chances" policy. They cited the reason
arrest as the driver's performance on the one-leg-stand test, during which
the driver allegedly "needed his arms for balance."
In that incident, the driver was pulled over for a routine traffic stop
and was subsequently subjected to field sobriety tests and a breath test,
which showed a result of 0.0%. One would assume such a breath test result
would free a driver from an arrest, but he was still arrested for DWI.
The driver even submitted to a blood test that showed a negative result
for alcohol. He was still arrested based off signs of intoxication,
and Austin police suggested that
marijuana could have been present in his system that did not show upon the blood
test or breath test.
This case brings about an important issue relating to DUI, or driving under
the influence of alcohol or drugs here in Orange County, California. It
shows just how much of an influence law enforcement can have on making
an arrest for suspected DUI even if a
chemical test shows a negative result.
Such an arrest may still be made based off performance on
field sobriety tests and observations made by the arresting officer, such as a driver's
behavior, appearance and statements. Essentially, if it can happen to
a driver in Texas, it can happen to a driver in California as well.
Challenging DUI Charges in Orange County, CA
The Texas 0.0% DWI arrest occurred far from Orange County, California but
should still be viewed as an indicator of the unpredictability of these
cases. Drivers should be aware of their rights if pulled over on suspicion
of drunk driving, such as the right to politely refuse field sobriety
testing, and also of the importance of involving an attorney as soon as possible.
When you take immediate action and involve a DUI defense attorney, even
before formal charges or filed or before a breath test is administered,
you have the considerable benefit of a legal professional who is there
to protect your interests.
Law enforcement will be working to gather evidence that proves you are
guilty of driving under the influence of alcohol and/or
drugs. You need an advocate for your rights to help you avoid the serious consequences
of a conviction: license suspension, DUI probation, fines, community service,
DUI School, AA meetings, and imprisonment in county jail or state prison.
At the Law Offices of Virginia L. Landry, Inc., we offer experienced criminal
defense counsel to drivers throughout the Orange County area who have
been arrested for DUI. To learn more about our firm and our services,