To determine if you are over Texas’s legal blood alcohol content (BAC) limit of .08%, the arresting officer may ask you to consent to a breath test. Unlike a blood test, which directly measures the amount of alcohol in your system, the breathalyzer test measures a sample of breath from the deep lung air in order to calculate how much alcohol must be in your bloodstream. When conducted under ideal circumstances, this test is accurate; however, there are a number of common factors that could have an impact on your reading.
Breathalyzer machines are not flawless pieces of equipment; they need to be maintained and calibrated on a routine basis to ensure that they remain in good working condition. The first thing your lawyer may do when preparing your defense is to request a copy of the logbooks and an annual inspection report to determine if the machine was broken. If it is, your test reading may be suppressed during pre-trial motions and your charges could be dismissed.
The rising blood defense argues that your BAC continues to rise as alcohol is absorbed into the bloodstream; therefore, if a significant period of time elapses between when you were behind the wheel of your car and the test is administered, you could have been under the legal limit when driving.
Another common problem with the breathalyzer is that–while it is supposed to measure the deep lung air–it sometimes measures mouth alcohol. For example, if your dental work traps alcohol in your mouth or you have a condition such as acid reflux, which pushes alcohol up from the stomach, your BAC could register higher than it truly should be. Even tobacco, mints, gum and mouthwash could falsely inflate your test results.
Fighting your breath test is possible, but it requires the representation of an attorney who stays up-to-date on the latest advancements in DWI law. Attorney Ken Gibson is an experienced defense attorney who understands the law and continues to undergo training so he can effectively defend his clients. To learn if a breathalyzer defense is applicable to your case, please call our law office now for a no-cost consultation.