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If you’ve been charged with a DWI in Texas, one of the key pieces of evidence against you is likely the result of a breathalyzer test. Breathalyzer results can significantly impact the outcome of your case, but it’s important to know that these results can be challenged. In this blog post, we’ll discuss the ways you can challenge breathalyzer results in DWI cases in Texas with the help of DWI defense attorneys at DWI Guys Texas.

DWI Guys Texas is a leading criminal defense firm with experienced attorneys serving clients in San Antonio, New Braunfels, San Marcos, and Austin. If you’re facing DWI charges and need expert advice, call us at (210) 570-2590 or visit our website at www.dwiguystexas.com.

Question the reliability of the breathalyzer device

Breathalyzer devices must be properly maintained and calibrated to ensure accurate results. Your DWI defense attorney can request maintenance and calibration records to determine if the device was functioning correctly at the time of your test. If the device wasn’t properly maintained or calibrated, it could lead to false results, and your attorney may be able to get the evidence thrown out.

How to Challenge Breathalyzer Results in DWI Cases in Texas

Examine the testing procedure

Breathalyzer tests must be administered according to strict protocols. Law enforcement officers must be properly trained and certified to conduct the tests. Your attorney can investigate the officer’s training and certification, as well as whether the test was conducted according to the proper procedures. If any errors or deviations from the standard protocol occurred during the testing process, your attorney may be able to challenge the test results.

Check for medical conditions or substances that could affect the results

Certain medical conditions or substances in the body can affect breathalyzer results, leading to inaccurate readings. For example, individuals with diabetes, acid reflux, or certain dental issues can produce false positive results. Your DWI defense attorney can investigate your medical history and explore whether any of these factors may have influenced the test results.

Challenge the probable cause for the initial traffic stop

If the arresting officer did not have probable cause to stop you in the first place, any evidence collected during the traffic stop, including breathalyzer results, may be deemed inadmissible in court. Your attorney can review the circumstances surrounding your traffic stop to determine if there was a legitimate reason for the officer to pull you over.

Seek expert testimony

In some cases, your DWI defense attorney may choose to bring in an expert witness to testify about the unreliability of breathalyzer results or to provide alternative explanations for your test results. Expert testimony can be a powerful tool in challenging breathalyzer evidence and helping to create doubt in the minds of the judge or jury.

If you’re facing DWI charges in San Antonio, New Braunfels, San Marcos, or Austin, it’s essential to have an experienced DWI defense attorney on your side. At DWI Guys Texas, our knowledgeable attorneys can help you navigate the complexities of your case and challenge breathalyzer results. Contact us today at (210) 570-2590 or visit www.dwiguystexas.com for a free consultation.

Disclaimer: The content on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Do not act or rely on this information without consulting a licensed attorney in your jurisdiction. Contacting this law firm or its attorneys through this site does not create an attorney-client relationship or duty of confidentiality.