Challenging Breathalyzer Accuracy In Galveston DWI Cases

Challenging Breathalyzer Accuracy In Galveston DWI Cases

If you’ve been charged with Driving While Intoxicated (DWI) in Galveston, you may have been asked to submit to a breathalyzer test. Breathalyzer tests are commonly used to measure a driver’s blood alcohol concentration (BAC), and they are often relied upon as evidence in DWI cases. However, these devices are not infallible. There are several factors that can affect the accuracy of breathalyzer results, and in some cases, these factors can be used to challenge the validity of the test and the evidence against you. Understanding how breathalyzer tests work and the potential reasons for inaccuracies is essential when defending against a DWI charge in Texas.

We will now explore the common ways in which breathalyzer tests can be inaccurate and how those inaccuracies can be used in your defense. We will also discuss the legal issues surrounding breathalyzer evidence in Texas DWI cases and the importance of having a knowledgeable attorney to represent your interests. While breathalyzer tests are a key tool for law enforcement, they are not always reliable, and we can help you determine whether the test results should be challenged in your case.

How Breathalyzers Work In DWI Cases

Breathalyzers are designed to measure the alcohol content in your breath. When you blow into the device the amount of alcohol in a person’s breath using infrared spectroscopy. This is done by analyzing a quantity of infrared light that is absorbed by molecules in a person’s breath, including ethyl alcohol molecules. The amount of infrared light that is absorbed is relative to the concentration of alcohol in a person’s body. If your BAC is over 0.08% (the legal limit in Texas for drivers 21 and older), you can be charged with DWI under Texas Penal Code § 49.04.

While the breathalyzer test is a common and quick method for determining BAC, it is not always accurate. Several factors can lead to errors in the readings, and in some cases, the results may be skewed or completely inaccurate.

Factors That Can Affect Breathalyzer Accuracy

1. Improper Calibration – Breathalyzers need to be calibrated regularly to ensure they provide accurate readings. If the device has not been properly calibrated or maintained, it could produce incorrect results. Inaccurate calibration is one of the most common issues in breathalyzer cases, and an attorney can subpoena the maintenance records to ensure the device was functioning properly at the time of your test.
2. Mouth Alcohol – The presence of alcohol in your mouth at the time of the breathalyzer test can significantly impact the results. Mouth alcohol can be caused by drinking alcohol shortly before the test, burping, or having residual alcohol from previous consumption. If mouth alcohol is not cleared before the test, it can lead to a false high BAC reading. This is an important factor to examine in your case.
3. Medical Conditions – Certain medical conditions can affect the accuracy of breathalyzer results. Conditions such as acid reflux, GERD (gastroesophageal reflux disease), or diabetes can cause the body to release alcohol-like substances, which may interfere with the breathalyzer’s reading. These conditions can lead to falsely elevated BAC results.
4. Environmental Factors – Temperature and humidity can also impact breathalyzer accuracy. For example, high humidity can affect the sensor, leading to inaccurate readings.
5. User Error – Breathalyzer tests can also be inaccurate due to human error. If the officer administering the test did not follow the proper procedures or protocols, the results could be compromised. This can include improper administration of the test or failure to wait the required amount of time between tests.

Legal Challenges To Breathalyzer Results In Texas DWI Cases

In Texas, law enforcement officers must follow specific procedures when conducting a breathalyzer test. These procedures are outlined in the Texas Administrative Code Title 37, Part 1, Chapter 19. If the officer did not follow the proper steps, the results of the breathalyzer test may be challenged in court.

1. Chain of Custody Issues – If there is a break in the chain of custody for the breathalyzer test, the validity of the results could be questioned. If any part of the process was mishandled, the defense could argue that the breathalyzer results are not reliable.
2. Failure to Provide the Proper Warnings – Under Texas Penal Code § 49.04 and other related statutes, law enforcement officers must advise you of your rights before administering a breathalyzer test. If they fail to do so, the results may be challenged. This includes ensuring that you are informed of the potential consequences of refusing the test, which could result in a license suspension or other penalties.
3. Questioning the Reliability of the Breathalyzer Device – As mentioned earlier, breathalyzer devices must be regularly calibrated and maintained. If the device was not calibrated properly, or if maintenance records are unavailable, this can be used as a defense. Your attorney may request evidence of calibration records or challenge the reliability of the breathalyzer used in your case.

Potential Defenses Against Breathalyzer Evidence

When challenging breathalyzer evidence, there are several strategies that an experienced DWI defense lawyer may use:

• Challenge the Officer’s Procedures – If the officer did not follow the proper procedures during the administration of the breathalyzer test, we may be able to argue that the test results are inadmissible in court.
• Question the Breathalyzer’s Calibration – If the breathalyzer was not properly calibrated, we may be able to argue that the test results were inaccurate.
• Dispute the Accuracy of the Test Results – If there is evidence of conditions like mouth alcohol or medical conditions that could affect the accuracy of the test, we may challenge the results and present alternative explanations.
• Raise Reasonable Doubt – We may argue that, even if the breathalyzer results are accurate, other factors cast doubt on your intoxication at the time of driving, such as field sobriety tests or witness testimony.

The Importance Of Hiring An Experienced DWI Attorney

If you’ve been arrested for DWI in Galveston, challenging the accuracy of the breathalyzer test is a key component of building a solid defense. Working with an experienced DWI attorney who is knowledgeable about breathalyzer inaccuracies and Texas DWI laws can make a significant difference in the outcome of your case. We can help investigate the circumstances of your arrest, identify potential issues with the breathalyzer test, and advocate for your rights in court.

Texas DWI Defense FAQs

What Is The Legal Limit For BAC In Texas?

In Texas, the legal limit for BAC is 0.08% for drivers aged 21 and older. If your BAC exceeds this limit, you can be charged with DWI. However, even if your BAC is under 0.08%, you can still be arrested for DWI if an officer believes you are impaired.

How Accurate Are Breathalyzers?

Breathalyzers are generally accurate, but their accuracy can be affected by several factors, including improper calibration, medical conditions, and environmental influences. If any of these factors are present, the results may not reflect your actual BAC.

Can I Refuse A Breathalyzer Test In Texas?

You have the right to refuse a breathalyzer test in Texas, but doing so can result in serious consequences, such as an automatic license suspension. Additionally, your refusal may be used as evidence of guilt in your case.

How Can My Attorney Challenge Breathalyzer Results?

Your attorney can challenge breathalyzer results by examining the officer’s procedures, the maintenance records of the device, and the presence of factors like mouth alcohol or medical conditions that could have affected the results.

What Should I Do If I’ve Been Arrested For DWI?

If you’ve been arrested for DWI, contact a qualified attorney immediately. They can help protect your rights, investigate the circumstances of your arrest, and challenge any evidence, such as breathalyzer results, that may be used against you.

Can The Breathalyzer Results Be Used As The Only Evidence In A DWI Case?

While breathalyzer results are a key piece of evidence in DWI cases, they cannot be the sole factor in determining guilt. In many cases, officers will also rely on field sobriety tests, witness testimony, and other evidence, such as video recordings or observations of the driver’s behavior. If the breathalyzer test is questionable or inaccurate, other pieces of evidence may still be crucial in defending the case.

Can Environmental Factors Like Weather Affect The Breathalyzer Reading?

Yes, environmental factors like temperature and humidity can sometimes impact the results of a breathalyzer test. If the device is used in extreme weather conditions or if it’s not properly maintained, it could lead to inaccurate readings. Your attorney can examine these factors as part of your defense.

What Happens If My Breathalyzer Results Are Inaccurate?

If your breathalyzer results are shown to be inaccurate, your attorney can argue that the test results should not be admitted in court. This could lead to a reduction or dismissal of the charges, especially if other evidence does not support the claim of intoxication.

Contact Our Galveston DWI Defense Lawyers For A Free Consultation

If you are facing a DWI charge in Galveston, it’s crucial to have an experienced attorney on your side to challenge the evidence against you. At Mark Diaz & Associates, we have the knowledge and experience to challenge breathalyzer accuracy and help protect your rights throughout the legal process.

Contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We represent clients in Galveston and throughout the Houston area, and we are here to help you fight your DWI charges. Let us put our experience to work for you!