Breath Tests & DWI
Houston DWI Attorney
Many people think that they are guilty of
DWI if they've taken a breath test and the results showed a blood alcohol
concentration (BAC) of .08% or higher. This is exactly what the police
and prosecutor in want you to believe. Breath test results, however, are
a single point of evidence – not the entire case. Their results
can also be inaccurate. The truth is, even if you blew above the legal
limit of .08% at the time of the test, this doesn't necessarily mean
that the test is correct or that you were driving the vehicle with an
illegal BAC at the time of the traffic stop.
At The Law Offices of Jed Silverman, we go beyond the breath test data
when we build a strong defense for our clients’ DWI cases. There
are a number of factors that may serve to get your breath test refusal
or test results thrown out of court. Houston DWI lawyer
Jed Silverman can ask the important questions:
- Did the police officer have probable cause for the traffic stop?
- Did the officer follow proper arrest and testing procedures?
- Were you unduly coerced into taking the breath test?
- If you took the test in a mobile test van, was the equipment calibrated properly?
- Were you advised that, under Texas law, you can request a blood test instead
of a breath test?
Breath Tests are Not Always Accurate!
Breath tests are prone to a number of errors and are not always reliable.
In fact, there are numerous scenarios in which a Breathalyzer may produce
false positive results. Certain foods, cigarette smoke, acid from acid
reflux, and even mouthwash can result in higher BAC readings. Furthermore,
if the testing device is not properly calibrated, this could also increase
the chances of inaccurate results. When your future is on the line, you
can’t afford even the smallest discrepancy. At the Law Offices of
Jed Silverman, we are skilled in challenging BAC results. Just because
you have failed a breath test does not automatically mean that you are
guilty of DWI – contact us immediately for experienced help!
Failed Breath Test? Don’t Give Up.
No matter what the breath test results showed, your DWI defense is just
beginning. Contact our offices in Houston to arrange a free initial consultation
to discuss your case and learn about what options are available. Jed Silverman
is an experienced Houston DWI defense attorney with hundreds of successful
cases to his credit. He is trained and certified as a maintenance technician
and operator of the Intoxilyzer 5000, the equipment used by most Texas
law enforcement agencies. We know the rules, and we know the shortcuts
police and prosecutors often take. We don't let them get away with
it at your expense.
Contact us at (713) 597-2221 today.