HOUSTON, TX - 02/18/2019 (PRESS RELEASE JET)
Attorney Tad A. Nelson, a Houston DWI lawyer with multiple decades of courtroom experience, is breaking the silence on the truth about police and sheriff department administered blood and breath testing conducted on motorists suspected of DWI or DUI. An experienced DWI attorney who has practiced criminal law in state and federal courts since 1991, Tad Nelson is one of the few DUI lawyers in Houston who is considered an expert in the field.
Many people who agree to blood and breath tests, or that are compelled into a forced blood draw, feel they have a minimal-to-no chance of beating their drunk driving charge in court and end up entering a plea deal with prosecutors. In other words, agreeing to guilt and sustaining a criminal conviction. As a law firm of experienced Texas criminal justice attorneys who specialize in driving while intoxicated offenses, we feel that the people need to know that submitting to a blood and breath test doesn’t mean you can be found guilty or that your case is “open and shut.”
Some of the more experienced DWI attorneys in Houston feel that sobriety testing conducted in the field is unfair to the motorist. Many of us in the legal community hold the opinion that these so-called tests are all but designed to put the person tested in a position to fail. Then, once the person fails one of these so-called field sobriety tests, they’re arrested and jailed. That’s not justice. Especially when police officers are under pressure to make arrests, leading to bias against the suspected offender.
Whether the test is a physical exercise such as the “walk and turn” or the “stand on one leg” or the “walk the line” test or a chemical test administered with a digital device, under no circumstance should a motorist feel that the deck is stacked against them or that signing a conviction is sensible. At least not without seasoned legal counsel for oversight.
The thing that most folks don’t know about breath testing is that the devices used for the tests aren’t necessarily accurate and the manufacturers of these devices make no guarantees about the integrity of the results. For a few examples of why this is the case, the gender and mood of a person can affect the results of the breath analysis and result of the blood alcohol content level to the same degree as calibration factors related to the machine and the training of the person operating the device. Furthermore, blood ferments, which can contaminate evidence are create other concerns.
A defendant in a DWI or any criminal case should not face losing their liberty on such shaky evidence. It behooves defendants in similar predicaments to talk with a DUI-focused attorney who can provide competent guidance for their situation.
When some defendants are forced to give blood or voluntarily do so, they assume their guilt is proven or that the blood they submitted was tested, which is often not the case. Another misconception about DWI-related blood-testing is that specimen and stored clinically, which is not the case. This is why professional DWI lawyers insist that people refuse to participate in blood and breath testing, but are also eager to defend people who did. A skilled and highly trained criminal justice counselor like Attorney Tad A. Nelson will know whether the state has a real case against the defendant, or if it’s best for the defendant to plea out. If a person is arrested for DWI or DUI, it’s best to consult with a specialist-attorney about the matter before any consideration of affirming one’s guilt for the state.
Attorney Tad A. Nelson, 405 Main St #840, Houston, TX 77002 (Map)
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