What Happens If You Fail a Breathalyzer or Roadside Sobriety Test?

 Posted on June 10, 2024 in DWI

One thing that most people know is against the law is drinking and driving. If a car seems to be swerving too much, driving in an unusual way or seems otherwise not in control, a police officer might pull the driver over to check whether they seem capable of safely driving. A common way to do so is by administering a breathalyzer test. These tests are supposed to show a person’s blood alcohol content (BAC), and if it is above a certain amount, the person is considered intoxicated legally. However, there are many reasons why a breathalyzer test is unreliable. If you failed a breathalyzer test, there is still hope for you to leave the situation without a charge. Speak with a qualified Floresville, TX criminal defense attorney to understand your options.

Inaccurate Breathalyzer Readings

Like most types of technology, whether they are portable roadside devices or those at police stations, breathalyzer testing devices need to be calibrated, maintained, and cleaned regularly to ensure proper functioning so they can determine whether someone is driving under the influence (DWI) of drugs or alcohol. Even if all of that has happened, there are substances that would never put a driver under the influence that could register as alcohol in a breathalyzer. These substances include something as commonly available and harmless as mouthwash. There are also medications that might lead a breathalyzer to mistakenly assume you are under the influence.

Medical Conditions and Failed Field Sobriety Tests

When police pull drivers over on suspicion that they are driving under the influence, they often give the drivers instructions to follow so they can determine whether the drivers are drunk. One such field sobriety test with which many people are families is when the police tell a driver to stand on one leg and then walk in a straight line. One reason why people might not be able to successfully carry out this test is if they are drunk. However, there are medical conditions that affect a person’s balance and instruction-following capabilities without any use of alcohol or drugs.

Schedule a Free Consultation with a Wilson County, TX DWI Defense Attorney

If you were pulled over for any reason and then asked to submit to a breathalyzer or other field sobriety test, the prospect of failing can be very stressful. In practice, the tests are not always accurate, and there are several reasons why false positives might occur. If you have failed your breathalyzer test, contact a reliable Floresville, TX defense lawyer to understand your options. Call BRCK Criminal Defense Attorneys at 830-769-1010 to schedule a free consultation so we can begin working on your case.