Texas Breath Test
In Texas, one of the most important parts of the prosecution’s case is the breath test. A breath test is used to measure the blood alcohol content (BAC) of a driver to prove intoxication. You can be convicted of DWI in this state if your BAC is .08 percent or higher.
The problem with breath tests is that they are not always accurate. The machines used by police departments make several assumptions that can cause a false reading. The machine assumes that all people ate the same amount of food, have the same metabolisms, or metabolize alcohol at the same rate.
An attorney who is experienced with DWI law knows how to attack the validity of the breath testing device. Below are some common defense used by attorneys.
Was the machine properly maintained? Was the calibration correct? Even if the answers to these questions are yes, there is an acceptable variation of +/- .02. If you blood alcohol test result was .10 percent, there is still a 20 percent error factor.
Was the sample properly obtained? According to Texas Law, the police officer must observe the driver for 15 minutes prior to the test to prevent mouth alcohol. If the officer did not watch you during this time, the test may be invalid. Even if you were observed during this time, there are medical conditions that can make you a bad candidate for breath testing. Ailments such as heartburn and gum disease can mess up the test results.
Was the sample obtained after the driver absorbed all the alcohol? A breath test machine assumes that the driver is post absorptive. The machine is calibrated to multiply the breath test results by 2100 to determine the driver’s BAC. If the driver were still absorbing the alcohol, this would inflate the test results.
Was the temperature of the driver’s breath 34 degrees Centigrade? Machines that are not designed to measure the driver’s breath temperature and adjust the reading accordingly will show a higher result.
If you think recently took a breath test, and failed, you must immediately contact a DWI attorney. To speak with a lawyer in your part of Texas, submit your case online right now.
