If a Texas police officer believes that you are driving while under the influence of alcohol, you may be asked to take a Breathalyzer test. The result of such a test may be used as justification to charge you with DWI. However, there is no guarantee that the result is accurate, and there are several strategies for challenging it in court.
Were there issues with the way that the test was performed?
The results of a Breathalyzer test that is performed by an untrained officer may be disputed in court. This is because that person may lack the knowledge or experience to properly interpret the information that the machine is providing. If the machine used to conduct it wasn’t properly calibrated, it could serve as grounds to have the test result suppressed. Finally, if a Breathalyzer test is conducted many hours after your last drink, any reading it provides may not be reliable enough to use as evidence to support a DWI charge.
Did you consume anything else prior to taking a Breathalyzer?
Items such as pasta sauce or a breath mint may artificially inflate a Breathalyzer test result. The same may be true if you suffer from acid reflux or similar stomach issues. It’s also worth noting that putting on cologne may also wreak havoc with the accuracy of this type of test. Therefore, this may serve as additional grounds to have the result suppressed before or at trial.
You may face multiple penalties if convicted of DWI such as jail or prison time and a fine. Casting doubt on evidence such as the results of a Breathalyzer test may make it possible to have a DWI charge dropped.