One of them is if there is a breath or a blood test that is 0.08 or greater, that is the end and there is no way to fight it. They must be guilty and that they do not even need an attorney, and nothing can be further from the truth, because even though there may be a breath or blood test with the result of 0.08 or greater that does not necessarily prove that they were 0.08 or greater at the time they were driving. Furthermore, the tests are not necessarily accurate. There are many blood test cases we have won, because we as Fort Worth DWI attorneys have cast doubt on the accuracy of the blood and breath test. These tests are notoriously inaccurate and subject to manipulation.
The breath test machines are based on respiratory science from the 1950s that we now know is wrong. Just because there is a breath or blood test, that is not the end of the story, and that does not mean the person is guilty or that the case cannot be successfully fought. Another misconception is people think that if they pass the breath or blood test they must get released or not even get arrested or go to jail. They think that is all there is. They think they won the case, and that is wrong, because the prosecution will often claim that even though a person passed the breath or the blood test, they will claim that the alcohol content was higher when actually driving. In court they will have an expert or supposed scientist who appears to know what he is talking about, and claim that they can extrapolate or really guess that the person was actually over 0.08 at the time they were actually driving. They will cherry-pick, but they actually ignore other factors that can cast doubt on their guesses that the person was over 0.08 at the time they were pulled over.
What that means is they will still not pass the test, and will be prosecuted. You might go all the way through the trial and have this government scientist speculate that you were over 0.08 at the time you were driving. Furthermore, even if you pass the breath or blood test, the government can claim that regardless of the results of the tests, even if you were 0.04 or even less, they will claim that, “He still did not have the normal use of mental or physical faculties by reason of alcohol, drugs, medications or a combination of those”. They will try to demonstrate or suggest the person who had that one drink is now out of control. Some people will suggest that you cannot handle your alcohol or they become intoxicated with smaller amounts than most other people.
They will claim that the person is intoxicated even though they passed the breath or blood test. So it is really unfair. People think if they cooperate, take a breath or blood test, pass it and be free of any charges, but what they find out is they are still charged with the DWI, and they now need expert representation to get out of it. Another misconception is that intoxication can only be because of alcohol. A lot of people can be on prescription medication, and think that because it was a medication that was prescribed for them that they are not guilty. They will freely and readily admit to law enforcement and say, “Officer, I hadn’t been drinking. I have some medications that my doctor prescribed for me and so I am surely not guilty of anything.”
They can find themselves in a situation where they do take the tests or even without the blood test, and law enforcement will still try and prove that they are intoxicated by not having the normal use of their mental or physical faculties because of that prescribed medication. Many medications people take have impairing, relaxing or sedating effects that can cause intoxication.