San Antonio DWI Attorney Fights for Your Freedom
When you face charges for a DUI or DWI, you should immediately contact a respected lawyer who can offer strong legal representation. At the Law Offices of Gary Churak Attorney Churak has more than 30 years of experience advocating for people charged with DUI crimes. His significant knowledge of the law and his reputation in San Antonio courts as a tenacious litigator works to your advantage in an effort to minimize the penalties you face or even possibly securing a case dismissal. As a sole practitioner, Gary Churak handles every case himself, so each client has full advantage of Mr. Churak’s dedication and determination to achieve a positive case result.
A San Antonio DWI Lawyer Who Works Hard To Help You Keep Your License
People charged with DUI and DWI offenses face significant penalties including license suspension, license revocation, jail time, probation and large fines. However, these penalties may be minimized or avoided altogether when your case is handled by a skilled San Antonio criminal lawyer armed with a variety of defense tactics that question protocols and procedures. Some defense tactics include challenging the traffic stop, the administration and reliability of field sobriety tests, and Breathalyzer tests. Mr. Churak’s experience as a DUI Defense, DWI Defense, Domestic Violence Attorney, Criminal Attorney, and Drug Offense Attorney offers a comprehensive legal expertise in defending against these serious charges.
Understanding DWI DUI Breath and Blood Tests
Which test is more defensible in a DWI case, the blood test, or the breath test? This is a critical question in preparing your defense. Breath tests are not always conclusive and almost always disputable due to their nature and the fact that two tests administered within 60 minutes may produce different results. Additionally, the choice between taking a breath or a blood test is up to the individual. Mr. Churak evaluates whether the tests used to confirm alleged intoxication were valid and performed according to the law, ensuring the prosecution has solid evidence, or else he seeks a case dismissal.
Being charged with DUI or DWI can have significant consequences. Gary Churak’s expertise in DUI and DWI laws ensures that clients receive vigorous defense against charges. By analyzing breath and blood tests, scrutinizing procedural errors, and leveraging legal defenses, Mr. Churak strives to protect your rights and freedom.
Which Test Is More Defensible in a DWI Case, the Blood Test or the Breath Test?
Interviewer: Have you found that breath tests are easier to defend the case than blood or vice versa?
Two Breath Tests Administered within 60 Minutes May Each Produce a Different Result
Gary: The thing about like breath tests is if you’re above a .8 you probably will be convicted anyway, but if you’ve got a close breath test you have some defenses. Typically, two breath tests are administered. So you have two different basic parameters to look at. For example, when a driver is pulled over, they take a breath test. The first time they blow they blow a .08 right on the nose. The second time they blow they blow a .081, so their blood alcohol level is going up. So, were they intoxicated when they produced the result of .8, which was when they were driving an hour earlier? My argument would be no because if you look at the breath test result, their alcohol content is going up at the time. So does that mean at the time they were driving they were not presumed to be intoxicated, when the blood alcohol content was actually lower?
Can the Driver Choose Which Test to Take?
Interviewer: Are people allowed to choose between the breath test and a blood test?
Gary: Yes, you can request a blood draw and say I refuse the breath test, I just want to get my blood drawn and they’ll do a blood draw on you. Or you can agree to take a breath test. All individuals have a right to choose between a blood draw and a breath test.
Drug-Related DUI / DWI Cases
Defending drug-related DWI cases presents unique challenges but are not indefensible. Gary Churak’s expertise as a Drug Offense Attorney comes to the fore in these situations. If drug use is suspected but a breath test comes back with a BAC of 0.00, officers may request a blood test. The defense in these scenarios can become quite technical, focusing on the validity and administration of these tests, and Mr. Churak is experienced in handling such defenses effectively.
Contact a DWI Defense Attorney in San Antonio Today!
With penalties for DWI ranging widely, from fines and license suspension to jail time and more severe punishments for repeat or aggravated offenses, it’s crucial to have an experienced DWI defense attorney by your side. Gary Churak, with his expertise as a DUI Defense, Sex Crimes Attorney, DWI Defense, Domestic Violence Attorney, Criminal Attorney, and Drug Offense Attorney, is equipped to handle your case with the diligence and aggressiveness needed in DUI or DWI cases. Don’t wait to get help. Contact the Law Offices of Gary Churak at 210-545-3850 or contact the firm online to schedule a free consultation to discuss your legal needs.
