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5 Reasons Your DWI Breath Alcohol Test Results Could Be Wrong
When police suspect someone of drunk driving, they often administer a breath alcohol test or "breathalyzer." The driver blows into the device and the device analyzes the amount of alcohol contained in the breath sample. The breath alcohol content is used to approximate the driver's blood alcohol content.
Breath tests are generally considered to be trustworthy indicators of intoxication. However, they are not perfect. If you or a loved one were arrested for drunk driving, it is important to know how unreliable breath alcohol test results can impact the case.
Breath Test Problems Can Lead to Inaccurate Results
There are a number of ways that the accuracy of breath test results can be compromised:
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Mouth Alcohol - If there is any alcohol in the mouth at the time of the test, it will skew the results. This can happen if the driver burped, vomited, or had anything to drink right before the test.
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Medical Conditions - Certain medical conditions can also lead to inaccurate results. For example, acid reflux can cause a person to expel alcohol from their stomach, which will show up on a breath test. Diabetics may have higher concentrations of acetone in their breath, which can also lead to inaccurate results.
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Poorly Maintained Equipment - Just like any other piece of medical equipment, breath testing devices must be maintained properly. These tests can wear out over time and sometimes need repair. If the breathalyzer device is not properly maintained, it could produce inaccurate results.
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Uncalibrated Equipment - Breathalyzers must be regularly calibrated. If the breathalyzer device is not properly calibrated, it could produce a false positive.
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User Error - If the officer administering the test does not do so correctly, it could lead to an inaccurate result.
Work With An Experienced DWI Defense Lawyer
In Texas, driving while intoxicated can lead to significant criminal penalties. If you or someone you love has been charged with DWI, it is important to work with an experienced criminal defense lawyer who can help you protect your rights and fight the charges. Your lawyer will begin by evaluating the circumstances of your DWI arrest. Was there probable cause for the initial traffic stop? Were there issues with the breath testing device that could cast doubt on the accuracy of the results? An experienced DWI defense lawyer will know how to challenge the evidence against you and build a strong defense.
Contact an Austin DWI Defense Lawyer
A conviction for driving while intoxicated can lead to fines, jail time, and permanent damage to your reputation. Contact the skilled Austin, Texas criminal defense attorneys at Morales Law Office, Attorneys at Law, PLLC. for help defending yourself against DWI charges. Call 512-474-2222 and set up a free consultation.
Source:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
