Challenging Blood And Breath Tests In Texas
A Failed DWI Test Doesn’t Guarantee A Conviction
Were you charged with DWI after the police said you failed a breath or blood test? Did your test results indicate your blood alcohol content (BAC) was .08 or greater?
If you have been charged with drunk driving, don’t despair. Just because you supposedly failed field sobriety tests or a Breathalyzer does not necessarily mean that a jury will convict you of driving while intoxicated (DWI). There are ways to challenge the accuracy of field and chemical tests.
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Attorney Stephen H. Miller is an experienced criminal defense lawyer and a member of the National College for DUI Defense. Put his knowledge and experience to work for you in your DWI case.
With over 35 years of criminal law experience, Mr. Miller knows when it is best to negotiate a favorable plea bargain for you. If it is in your best interest to go to trial, he knows his way around a courtroom and successfully helped many clients resolve drunk-driving charges in court. He knows how to challenge the prosecution’s evidence in a DWI or DUI case, including blood and breath test results.
In Texas, police officers often administer a blood or breath test to measure blood alcohol content (BAC) after a driver performs poorly on field sobriety tests. In Texas, refusal to take a test to measuring blood alcohol content when suspected of drunk driving can result in suspension of your driver’s license. Failing a blood or breath test (or refusal to take one) will result in charges.
Whether to take or refuse a breath test is a complicated issue with no single right answer. However, there are things you can do to improve your chances when you are pulled over for DWI.
Pinpointing Problems With Inaccurate Blood Alcohol Content Tests
The Intoxilyzer and the Breathalyzer are two machines used in the United States to test a person’s breath for alcohol. The Intoxilyzer is the machine that Texas law enforcement usually uses when they suspect drunk driving. There are many reasons that chemical test results may not be an accurate measure of blood alcohol content, including:
- The length of time between when you were drinking, when you were driving and when the sample was taken
- The qualifications and training of the person administering the test
- Lack of probable cause that you were driving while intoxicated
- The location where the test taken and whether you were observed for 15 minutes prior to the test
- Lack of a search warrant for a blood test
- Whole blood serum may show a higher BAC than you actually have in your body
- Improper calibration: The Intoxilyzer 5000 is calibrated to a certain breath temperature. If your breath is warmer, you will get a higher BAC reading.