How to Challenge Breathalyzer Results in Texas

  • Oct 24 2018

If you fail a breathalyzer test in Texas, you can be charged with driving while intoxicated (DWI) or driving under the influence (DUI). However, a failed test doesn’t necessarily mean you’ll be convicted. In fact, there are a number of ways to challenge breathalyzer results in Texas. Below is an overview of the most common of these methods.

Testing procedures

If a suspect fails a field sobriety test, which may include walking in a straight line or standing on one leg, the arresting officer may request a breathalyzer test to measure the suspect’s breath alcohol concentration (BrAC). The refusal of a breathalyzer test can be admitted against the defendant at trial. However, just because a suspect takes and fails a breathalyzer test, that doesn’t mean that the state can prove its case beyond a reasonable doubt.

Challenging breathalyzer results

As noted above, a failed breathalyzer test is far from an automatic criminal conviction. There are a number of reasons that criminal defense attorneys challenge such results, including:

  • The police lacked probable cause to suspect that an individual was driving while intoxicated.
  • The person who administered the test lacked proper qualifications, training, or experience.
  • Too much time elapsed between the time the suspect drank, drove, and had the breathalyzer test administered.
  • The suspect wasn’t observed long enough prior to administration of the breathalyzer test.
  • The test result was inaccurate due to faulty equipment.
  • The test used to check the suspect’s BAC was improperly calibrated, resulting in a reading that was inaccurate. Depending on the machine used, even the warmth of a suspect’s breath can result in a failed test if it was improperly calibrated.
  • The suspect used mouthwash or another alcohol-containing health product prior to the breathalyzer test, resulting in skewed test results.
  • The suspect has a medical condition which produces alcohol-like compounds in the breath, resulting in a failed breathalyzer test.

Remember, a failed breathalyzer test does not always result in a criminal conviction. Therefore, if you’re facing DUI or DWI charges, you should immediately contact an experienced Texas criminal defense attorney to discuss your case.

Texas DWI and DUI Legal Representation

Due to the severity of the consequences, legal representation is imperative when facing DWI or DUI charges. Therefore, if you’ve been charged with DWI or DUI in Texas, it’s important that you engage the services of an experienced Texas criminal defense firm in order to achieve the best possible results in your case. Phil Baker, P.C., has a proven track record of successfully defending clients against DWI or DUI charges throughout the state of Texas. Whether it’s challenging the accuracy of a DWI or DUI test or uncovering potential civil rights violations, our experienced criminal defense attorneys will work to protect your driving record and achieve the best possible outcome. Please contact us for a consultation.

Posted in: DWI/DUI Defense

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