Whether you’re on your way home from dinner with friends or you just finished working a late-night shift, the last thing you expect is to end up in handcuffs with a drunk driving charge, even though you are sober. Unfortunately, these arrests can often come as a result of a defective breathalyzer test. If this reflects your circumstances, you may wonder if it’s possible to challenge the results of a breathalyzer test in Texas. The following blog explores what you should know about these matters, including the importance of working with Houston DWI defense attorneys to explore your legal options during these overwhelming and nerve-wracking times.
How Does a Breathalyzer Work?
When you are pulled over by the police and they have reason to believe you are driving under the influence, they will likely ask you to participate in a common chemical test called a breathalyzer. This is a device that is used by law enforcement to measure the amount of alcohol someone has in their system.
In order to determine what someone’s blood alcohol concentration (BAC) is, the officer will instruct a driver to blow into the small tube attached to the device. The ethanol in your breath will then cause a chemical reaction with the catalyst in the device, thus producing an electrical current. This current can then produce a reading based on the strength of the current to determine someone’s BAC.
What Can I Do to Challenge the Breathalyzer Results?
Though it may seem simple to challenge the results of a breathalyzer test, this can be complicated. As such, the single most important thing you can do to protect yourself in these matters is connect with an experienced criminal defense attorney to help you explore your circumstances and fight for a favorable outcome.
One way to challenge the outcome is to check the machine itself. Unfortunately, these devices can malfunction easily, especially if the officer didn’t properly calibrate the device before administering the test. As such, your attorney can fight to examine the device
Additionally, some medical conditions, like acid reflux or diabetes, can cause it to appear as though you have a high BAC, even if you have no alcohol in your system. As such, your lawyer can help connect with expert witnesses, like medical professionals, to learn more about how your medical condition can result in a false positive result. This, when used in conjunction with your medical records, can be very helpful.
Finally, your attorney can work to review the records of your DUI arrest to determine whether or not the officers followed the correct procedures. If they have not, it can skew the results of your test, and your attorney can fight to have the evidence gathered suppressed as a result of the officer’s errors.
If you have been charged with drunk driving in Texas, it’s critical to connect with an experienced attorney with the Gonzalez Law Group. Our team understands how difficult these matters can be to navigate, which is why we are committed to fighting for the best possible outcome for you. When you need help, contact our team today.