Challenging The Breathalyzer
(now called Intoxilyzer)
San Antonio and South Texas DWI Attorneys – Our driving while intoxicated Defense Lawyer Challenging the Reliability of Breath Alcohol Test Results
In a San Antonio and South Texas DWI cases, the prosecution will try to prove that the defendant’s blood alcohol concentration at the time of the offense was at or above the statutory limit. In Texas that limit is .08 . The most common scientific instrument used to measure a person’s BAC is a breath test using an Intoxilyzer, frequently called a “breathalyzer,” an older instrument not frequently used now.
Is a breath test an absolutely reliable scientific method to prove that someone is over the legal limit? The simple answer is NO. Drunk driving attorneys have been able to effectively dispute the outcome of breath tests in court, thereby preventing a conviction. An experienced San Antonio drunk driving defense lawyer is in the best position to advise you on whether the “Breathalyzer” test results may be subject to challenge in your particular case.
Breath Test Results Can Be Challenged In Many Ways
A breath test is quite simple to perform and involves measuring the amount of alcohol in a certain amount of expired air. The drawback to the breath test is that it is an “indirect” method and therefore subject to variability. Variables that can lead to questionable results include:
- body temperature at the time of the test,
- differences between normal people ,
- sufficient observation of the arrested person to assure evaporation of any alcohol in the mouth,
- skill and experience of the tester
- maintenance or quality of equipment used
- exposure of the accused to paint or gasoline fumes or dry cleaning fluids
Some courts have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of breath test results based on these inherent variables.
Some courts have demonstrated more willingness than others to accept challenges to blood alcohol test results. An experienced San Antonio drunk driving attorney will know which challenges are likely to be accepted in local courts and which are not. That is why you should choose your defense lawyer very carefully. It is important to remember that even if you have blown an above-the-limit reading you may not be convicted of DWI . If you have been charged with driving while intoxicated in San Antonio or the surrounding counties, contact us for and schedule a fee consultation. Bring the facts or your case to use and put our knowledge to work defending your rights and protecting your freedom.
Located in San Antonio, Texas we represent clients charged with drunk driving offenses in communities throughout the surrounding area.
Protect your rights and your freedom. Contact our office as soon as possible and let us start to aggressively fight for you today The Law Offices of Carabin & Shaw .
