3 reasons you could challenge Texas DWI breath test results
Physical or chemical evidence is very helpful for prosecutors intending to bring driving while intoxicated (DWI) charges against someone. Chemical breath tests help demonstrate that someone had a blood alcohol concentration (BAC) over the legal limit, even if their performance on a field sobriety test and driving gave little cause to suspect impairment.
For years, a failed breath test was seen as the best and strongest evidence in an impaired driving criminal case, but that has recently started to change. People are more skeptical of the widespread use of these tests, and with good reason. Chemical breath tests can lead to unfair arrests and the prosecution of individuals who didn’t actually break Texas law.
When might you be able to challenge breath test results in a DWI case?
When there were maintenance issues with the device
Texas has very strict rules regarding the maintenance and calibration of chemical breath tests. If the officer or department maintaining the unit used during your traffic stop hadn’t had the unit inspected, didn’t update the software for it or had not recently calibrated the device, the results returned from your chemical test could be inaccurate.
When you have an alternative explanation
Do you have asthma and had recently used a prescription inhaler before the traffic stop? The medication you took may have affected the breath test. There could be certain medical conditions and even diets that could impact the accuracy of the breath test you take.
If you have a medical or personal explanation for the test results, that could be the reasonable doubt you need to avoid conviction.
When you know that the results were inaccurate
Did you fail a breath test on a day when you had consumed no alcohol whatsoever because you were at work for 14 straight hours? Did a breath test show a BAC is so high that you face enhance penalties despite only having a single drink?
When you absolutely know that the test results were inaccurate but you don’t have an explanation as to why yet, you may still have cause to fight back against your test results and try to defend yourself from unfair criminal charges.
Looking into all of the ways to keep a breath passed out of the pool of evidence for your DWI case could help you avoid a conviction.