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Coerced .18 Breath Test Leads to Houston DWI Dismissal
Houston, Texas - After police coerce suspect into a .18 DWI breath test, prosecutors dismissed the Houston DWI case because of the coercion.
After stopping a Houston DWI suspect for a traffic infraction, police began a DWI investigation. The investigation included field sobriety tests and ultimately led to the arrest of the suspect for DWI - Driving While Intoxicated. After arresting the suspect for DWI, the officer reads the required statutory warning to the DWI suspect. The suspect then asks the officer if he is required to take the test. The officer responds that it is the law to take the test, leaving the Houston DWI suspect with the erroneous perception that he is required to take the breath test. When we brought this issue to the prosecutor's attention, fortunately, the district attorney handling the case agreed that the interchange was coercive and dismissed the Houston DWI case. If you need to speak to a Houston DWI Lawyer, call the Houston DWI attorneys of Johnson, Johnson & Baer, P. C. at 713-222-0400.