If you have been arrested and charged with driving while intoxicated (DWI) in Texas, you need to give a great deal of thought to who represents you in court. There are a lot of myths surrounding DWI charges and sentencing. At this point, you may think a conviction is inevitable. You might believe that if you have been charged, then the prosecutor has enough to convict you. The truth is, some attorneys may think that too. Lawyers with minimal DWI defense experience may believe it is better for their clients to plead guilty to a DWI rather than fight it at trial. This is not the type of attorney you want on your case.
At The Law Offices of Ned Barnett, we never assume you are in for a losing battle. That is because attorney Ned Barnett has completed advanced DWI training. He has the knowledge, qualifications, and experience necessary to aggressively defend you against a DWI conviction.
To learn more about how attorney Ned Barnett can fight for you in court, contact us at (713) 222-6767 to schedule a free, initial consultation.
Advanced Portable Breath Test Training
One way in which a DWI defense lawyer can improve their skills is by obtaining advanced-level training on the improper use of portable breath test (PBT) machines by officers during traffic stops. Attorney Barnett is trained on this machine. It was administered by the American Association of Premier DUI Attorneys (AAPDA), which is a professional association dedicated to advancing the knowledge and skills of DWI lawyers.
PBT training is important for DWI defense attorneys. By obtaining this training, a lawyer gains information regarding the National Highway Transportation Safety Administration’s (NHTSA) standards and protocols in regard to PBT machines. These are the small, roadside breath test machines officers may ask you to blow into during a traffic stop.
The NHTSA sets the standards for how to use PBT machines, but local police officers may not adhere to them. This is something your attorney should be able to analyze within your case. If you submitted to a roadside breath test, was it accurate? Or did local law enforcement’s non-compliance with NHTSA standards make the results unreliable? Attorney Barnett can review the facts of your case and determine whether there is a way to fight against improper PBT machine use and inaccurate results, which may have led to your wrongful arrest.
Roadside breath tests are notoriously unreliable, and your attorney should know that. Attorney Barnett is well-versed in the many factors that can influence a PBT machine, including medications, a low-carb diet, or having certain medical conditions.
Other Advanced Training for DWI Defense
Fully understanding how PBT machines work and why they are unreliable and inaccurate is essential for your DWI attorney. There are also other types of advanced DWI training your defense lawyer should have.
Attorney Barnett has completed certifications in:
DWI Field Sobriety Testing
There are also NHTSA standards for three standardized field sobriety tests (FSTs). However, police officers may not stick to these standards. They may improperly administer an FST or improperly grade it. They may also have you perform an FST that is not standardized and has not be researched or tested for accuracy. Attorney Barnett knows how these tests should be administered and graded, as he is certified for these tests. He is also aware of how unreliable they are, even when administered properly.
Operations of Breath Test Machines
In addition to PBT machines, there are also larger, more accurate breath test machines. These machines are used to determine your alcohol level after an arrest, and their results can be used in court. However, these machines are maintained and used by people, which means there is significant room for error. If prosecutors wish to use a breath test result against you in court, Attorney Barnett will thoroughly research whether the breath test machine was properly maintained and calibrated. Attorney Barnett is also certified for this machine.
Law enforcement officers want you to believe that blood tests are highly reliable and that nothing goes wrong with them. However, that is not true. Like any other test to determine your body’s alcohol content, a lot can go wrong to throw off the results. Attorney Barnett will scrutinize your blood alcohol test to determine whether the results are likely accurate or not. He is certified on the gas chromatograph machine, the machine used to determine your blood alcohol level.
If you speak to a criminal defense lawyer who lacks advanced DWI training or certifications, you should think twice about whether that lawyer is right for you. Their strengths may lay in other types of criminal cases.
You should move forward in looking for a DWI lawyer who has proven they understand the need for advanced training for DWI defense, including in regard to the standards and reliability of breath, blood, and field sobriety tests. Only by being highly-informed on these topics can your attorney persuasively defend against the improper administration of a test or inaccurate or unreliable results in court.
Contact The Law Offices of Ned Barnett for Advice Today
When you are going up against DWI charges, you need an attorney who can truly defend you in court, not an attorney who will simply negotiate a standard plea agreement that leaves you with a tarnished record. By calling The Law Offices of Ned Barnett for help, you have a veteran DWI lawyer who will review your case and offer you an objective opinion regarding your best defense. He will carefully examine every aspect of your case to identify ways to fight back against unreliable and likely inaccurate evidence.
Call (713) 222-6767, or reach out online to schedule your free case consultation.