Breath Tests in Texas
Defense from a DWI Lawyer in Houston
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.
Refusing Breathalyzer in Texas
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?
What Can Cause a False Positive Breathalyzer Test?
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, such as:
- Certain foods
- cigarette smoke
- acid from acid reflux
- 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.