Why Breathalyzers Are Not Perfect Evidence of DWI in Texas

location1433 3rd St, Floresville, TX 78114


Why Breathalyzers Are Not Perfect Evidence of DWI in Texas

 Posted on August 04,2023 in DWI

DWI texas attorney

Many people who have been arrested for DWI in Texas erroneously believe that if they failed a breathalyzer test, the police have nearly perfect evidence against them. It may seem like a breathalyzer test showing that a person had a blood alcohol content over 0.08 percent establishes conclusively that they were driving drunk. However, this is not the case at all. Breathalyzer tests are not the perfect scientific tools many people believe they are. There are a number of reasons why a breath test may not produce accurate results. Proving that a condition that may have skewed the results existed may mean that the breathalyzer test is no longer reliable. In some cases, this may mean that it cannot be used in court at all. In other cases, it significantly weakens the evidence and allows the defendant a chance to show that he may not be guilty of a DWI. If you have recently been charged with DWI, it is important to speak to a criminal defense attorney promptly. An attorney can evaluate your case to determine whether you may have a strong defense available. 

Known Flaws of Breathalyzer Tests 

A number of environmental or procedural issues can cause a breathalyzer to give an inaccurate result. Common issues that impact the results of a breath test include: 

  • Radios in the room - If one of the officers in the room during the test had a radio, this may have been enough to cause the breath test machine to give an inaccurate reading. 

  • Operator error - Not all police officers are well-trained to administer these tests properly. If the officer administering the test failed to follow the correct procedure or did not know how to operate the machine according to manufacturer guidelines, there is a chance that the reading established was inaccurate. 

  • Poor maintenance - Not only do breathalyzers need to be operated properly, they must also be well-maintained. Improper storage or a lack of routine maintenance could mean that you did not get an accurate reading. 

While breathalyzers in particular are known to have many issues that can lead to a false reading, other forms of chemical B.A.C. testing are also fallible. It is important to have a criminal defense attorney review your case to help prevent potentially inaccurate evidence from being used against you. 

Contact a Wilson County DWI Lawyer 

BRCK Criminal Defense Attorneys is experienced in preventing flawed evidence from forming the basis of a conviction. Our skilled Floresville DWI attorneys will carefully investigate to determine whether the results of your chemical tests may have been inaccurate. Contact us at 830-769-1010 for a complimentary consultation. 

Share this post:
Back to Top