Texas law enforcement officials use two different types of devices to perform breath tests: the intoxilyzer and the breathalyzer. These devices are designed to measure your blood alcohol content (BAC), so test results can support DWI charges. Nonetheless, the results of breath tests are not always accurate, which can give you grounds to challenge their results in court and fight back against your DWI charges.
First, police officers normally are trained how to conduct breath tests, as they must follow many technical requirements in order for the test to be valid. For instance, officers are required to observe the driver for a period of time before they can administer the breath test. If an officer is inexperienced or not sufficiently trained on using the breath test device, there may be an argument that the officer conducted the test improperly. Additionally, if the police officer failed to wait for the entire observation period to elapse before conducting the test, you may be able to challenge the breath test results.
Another possible challenge to the breath test results might involve the length of time that elapsed between the time that you drank and the point which the officer tested your breath. Some health conditions produce compounds that mimic alcohol, which can cause a false positive on a breath test. Likewise, if you used mouthwash or another health product that contained alcohol, the results might be skewed.
Furthermore, the devices themselves may misfunction. If they are not properly maintained and calibrated, like any instrument or device, they can produce incorrect results.
If you find yourself charged with any type of criminal offense, you need legal advice that only experienced Texas criminal defense attorneys can offer you. As the consequences of any criminal conviction may be severe, you should immediately contact a skilled defense lawyer for help if you have been accused of a criminal offense. Peek & Toland provides strong legal representation on a regular basis for individuals who are charged with various crimes. It is our priority is to represent your interests and protect your rights. Call us at (512) 474-4445 and schedule an appointment to speak with us today.