DWI/DUI Practice Center

Reliability of Breathalyzers

It is important to understand that in drunk driving cases, the State may attempt to prove its case by proving that the accused' blood alcohol level or concentration at the time of the offense was at or above the statutory limit. In Texas that limit is .08. If the State attempts to prove its case by showing a Blood Alcohol Concentration of .08 or more, it is necessary to obtain a suitable sample of the person arrested for drunk driving.. The use of a breath test is the most common method for the State to prove that a drunk driving offense has actually occurred. Many defendants, however, have been able to effectively dispute the outcome and results of the breath tests in court. Therefore, the State is unable to obtain the conviction. Carabin and Shaw, P.C. associates are experienced in drunk driving defense law and can advise you on whether the "Breathalyzer" test results may be subject to challenge in your particular case.

Test Results Can Be Challenged on Several Bases

Variables that can lead to questionable results include:

  • skill and experience of the tester
  • quality of equipment used
  • exposure of the accused to paint or gasoline fumes or dry cleaning fluids
  • the room temperature,
  • atmospheric pressure,
  • the chemical composition of the alleged offender's blood,
  • his or her physical activity,
  • hyperventilation

Texas Courts have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of Breathalyzer test results based on these inherent variables. Some courts have demonstrated more willingness than others to accept challenges to blood alcohol test results. As DWI attorneys, Carabin and Shaw, P.C. knows which challenges are likely to be accepted in local courts and which are not. It is important to remember that even if you have blown an above-the-limit on a Breathalyzer test, you may be able to avoid a DWI conviction with the right lawyer. . DWI attorneys of Carabin and Shaw, P.C. are skilled and knowledgeable lawyers who are able to explain what challenges are appropriate to your particular case and possibly even keep the breath test results out of court entirely.

Our Law Firm represents individuals charged with DWI, DUI and other drunk driving violations. We also offer bail bond services at a reduced rate. Contact our Law Firm day or night. We are available seven days a week. Your first consultation with our Firm is always free - so send us an email or call 210.222.2288 or Toll Free 1.800.862.1260.

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