This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
If you’ve been arrested for DWI based on a breath test result, you might feel that the situation is hopeless. Many people believe that a positive breathalyzer test result automatically means a DWI conviction, but that is a misconception. In reality, breath tests can be challenged, and errors in the testing process are common.
Breath tests are involved in a significant percentage of Houston DWI arrests. Still, the Intoxilyzer 9000, the device used in Texas, has specific maintenance and operational requirements that law enforcement officers must follow. Failing to follow these protocols can result in inaccurate results, and we can challenge these flaws in your case.
At LaVine Law Firm, we specialize in DWI defense and possess the technical expertise to challenge blood alcohol concentration (BAC) results from breath tests. Our experienced Houston DWI breath test lawyers understand the complexities of these tests and know how to use this knowledge to defend your rights. If you are facing DWI charges due to a breath test, don’t assume the outcome is inevitable. We are here to provide you with strong legal representation to help you fight the charges.
We understand that failing a breath test can make you feel like you have no chance to avoid a DWI conviction. However, breathalyzer machines are complex instruments that are prone to errors. These machines must be properly calibrated, and the police officer who administers the test must follow strict protocols. Our DWI defense lawyers are well-versed in the technical aspects of breath tests, and we will scrutinize the calibration records and ensure that the officer followed the correct procedures. We can challenge the validity of the breath test results and potentially reduce or dismiss the DWI charges against you.
Breathalyzer machines, including the Intoxilyzer 9000 used in Texas, are designed to measure alcohol content in deep lung air to estimate your blood alcohol concentration (BAC). The breath test measures the ratio of alcohol in the air you exhale compared to the alcohol in your blood, giving a rough estimation of your BAC. However, this process is not perfect, and there is potential for error. A skilled DWI attorney can help identify issues in the breath test that may impact the accuracy of the results.
Breathalyzers rely on a calculation called the partition ratio, which estimates the relationship between the alcohol in your breath and your blood alcohol concentration. However, this ratio can vary significantly between individuals due to several factors, including body temperature, lung capacity, and the time of day. If the machine doesn’t account for these variations properly, the BAC result can be inaccurate, which is one reason why it’s important to have a Houston DWI lawyer review the test results and related procedures.
The Intoxilyzer 9000 is the Texas Department-approved machine for breath tests in DWI cases. While it’s widely used, it has specific maintenance and calibration requirements. If law enforcement officers fail to maintain the equipment properly or use it incorrectly, the breath test results can be challenged. A Houston DWI attorney experienced in Texas DWI laws can review the calibration records to determine if the test was conducted correctly or if errors were made.
Certain substances, such as mouthwash, medications, or even food, can occasionally trigger false positives in breath tests. For example, products containing alcohol or controlled substances may cause the breathalyzer to register a higher BAC than the legal limit. If you’ve been arrested for drunk driving and suspect that a substance may have interfered with the test, we can investigate and challenge the results as part of your DWI defense strategy.
In Texas, the implied consent law requires drivers to submit to a breath test if law enforcement has probable cause to suspect DWI. This law is designed to deter impaired driving; however, refusing a breath test also carries serious consequences. Knowing your rights during this process is crucial, and a Houston DWI defense attorney can help you understand and navigate these rights.
If a police officer has reasonable suspicion that you’re driving under the influence, they have the right to request a breath or blood test. Under Texas law, refusing to provide a breath sample can result in an administrative license revocation, which means your driver’s license can be suspended for a certain period. This is a significant consequence that can make it harder to work and go about your daily life, which is why it’s important to seek legal counsel if you’ve been asked to submit to a test.
Refusing a breath test in Texas leads to automatic penalties. If you refuse, your Texas driver's license will be suspended, and you may face additional criminal charges. An experienced Houston DWI lawyer can help minimize the consequences of refusing a breath test, especially if there’s a valid reason for your refusal or if there are questions about the legality of the officer’s request.
There are two main types of breath tests used during a DWI arrest: the Preliminary Breath Test (PBT) conducted on the roadside and the evidential breath test taken at the police station. Understanding the difference between the two is essential for your DWI defense.
The Preliminary Breath Test (PBT) is typically administered at the roadside as a quick screening tool. This test is voluntary, meaning you can choose to refuse it without immediate legal consequences. It is also non-evidential, meaning the results cannot be used in court to convict you of a DWI offense. However, refusing the PBT may lead to further investigation, and it’s essential to know when and how to assert your rights.
The evidential breath test is conducted at the police station and serves as the primary evidence in a DWI case. This test provides more reliable results because it’s conducted under strict protocols and with a calibrated machine. DWI defense lawyers often focus on challenging the validity of this test, looking for issues with its administration or whether the officer followed proper procedures. If the blood alcohol concentration (BAC) from the blood or breath test is above the legal limit, it can be used to strengthen the prosecution’s case, but errors in the testing process can be a strong defense in your case.
At LaVine Law Firm, we specialize in defending clients against DWI charges, especially those related to breath tests. Our experienced Houston DWI lawyers possess the technical expertise to challenge breath test results and effectively protect your rights under Texas DWI laws. If you are facing a drunk driving arrest or DWI case, contact us today for a free consultation. We are committed to providing aggressive defense strategies tailored to your specific situation.
A breath test can be a significant piece of evidence in a DWI case, but it is not infallible. As experienced Houston DWI lawyers, we understand the primary methods for challenging the reliability of breath test results. There are several key areas where breath tests can be flawed, and identifying these weaknesses can lead to a successful defense strategy.
The Intoxilyzer 9000, the breath test device used in Texas, must be regularly calibrated and maintained to ensure accurate results. If the machine is not properly calibrated, the test result can be inaccurate. As part of our defense, we will request calibration and maintenance records to ensure the device was functioning properly at the time of the test. Any failure to maintain the machine properly can lead to a DWI conviction being challenged.
Under Texas law, law enforcement officers must observe the individual for 15 minutes prior to administering a breath test. This observation period is required to ensure that the individual does not consume alcohol, vomit, or put anything in their mouth, which can affect the accuracy of the test. If the officer fails to comply with this rule, the test results may be invalid, providing us with a critical point to challenge the evidence in your Houston DWI case.
A DWI defense attorney can also challenge the officer’s ability to operate the Intoxilyzer 9000 properly. If the officer is not properly trained in administering the test or interpreting the results, this can call the breath test into question. We ensure that the arresting officer followed all required procedures and was qualified to administer the blood or breath test.
Radio frequency interference (RFI) can affect the accuracy of breath tests. The Intoxilyzer 9000 is susceptible to electromagnetic interference, which can lead to incorrect readings. If we suspect that RFI affected the test results, we will investigate the testing environment and look for signs of interference, which could potentially discredit the evidence.
Certain medical conditions, such as acid reflux or diabetes, can affect breath test results. These conditions can lead to the presence of acetone or other substances in the breath that mimic alcohol. We investigate the individual’s health conditions and work with medical experts to challenge the breath test results if a medical condition influenced them.
For a breath test to be admissible in court, the Texas Department of Public Safety must maintain detailed records of each machine's calibration and maintenance history. If the state fails to keep these records, the validity of the blood alcohol concentration (BAC) reading may be in question. At LaVine Law Firm, we request maintenance and calibration logs to ensure that the breath test was properly conducted.
As part of our DWI defense, we will request the maintenance and calibration logs for the Intoxilyzer 9000 used during your DWI arrest. These logs are crucial because they provide a history of the device’s performance and maintenance. If any gaps or inconsistencies are found in these records, it can be argued that the breath test results are unreliable.
For the Intoxilyzer 9000 to be used in a valid DWI test, it must be tested with a simulator solution before each test. If the simulator solution is faulty or improperly prepared, it can render the breath test results invalid. We can challenge the blood alcohol test results by demonstrating that the simulator solution was not properly handled or tested prior to your breath test.
The 15-minute observation period is a crucial rule in the breath test process. It ensures that the individual does not ingest any substances that could interfere with the test, such as alcohol, food, or vomiting. A failure to observe this rule can lead to the suppression of the breath test evidence, which is a key component in challenging your DWI case.
The observation rule is meant to ensure that the breath test results are accurate and reliable. Without this observation period, any intake of alcohol or other substances could skew the test results, leading to inaccurate blood alcohol concentration (BAC) readings. If the officer fails to comply with this rule, we can argue that the test results should be suppressed in your criminal trial.
If the officer violated the 15-minute observation period, we will gather evidence to prove this breach. We can request video footage, witness testimony, or other documentation that shows the officer did not follow the required protocol. By showing that the observation rule was broken, we can cast doubt on the accuracy of the breath test results and strengthen your defense.
When facing a DWI in Texas based on a breath test, we employ proactive legal strategies to challenge the evidence and prevent it from being used against you. Breath test results are not automatically conclusive, and there are multiple avenues for criminal defense lawyers to weaken or invalidate this evidence. As experienced DWI lawyers, we know how to thoroughly review the details of the breath test process and identify flaws in the system. We fight hard to protect your rights and ensure that any unreliable evidence is excluded from your criminal case.
One of the most effective strategies to challenge breath test evidence is to file a motion to suppress. This motion argues that the breath test was administered improperly or that the results were unreliable. If the police officer did not follow the correct procedures, we can get the breath test results excluded from your case, which can significantly weaken the prosecution's case against you.
We can also challenge the legality of your DWI arrest by questioning whether the police officer had probable cause to stop your motor vehicle in the first place. If the stop was unlawful or if the officer did not have valid reasons to suspect driving while intoxicated, it can invalidate the entire process, including the breath test. This is an essential defense strategy that could lead to a reduction or dismissal of your DWI charges.
Breathalyzer machines, such as the Intoxilyzer 9000, can be prone to malfunction or inaccuracies. We can bring in expert witnesses who specialize in breath test technology to examine the machine’s functionality and test records. These experts can testify about potential flaws in the blood alcohol test and how such issues could have impacted the results.
A DWI conviction based on a breath test carries serious consequences, but a high BAC reading can lead to even more severe penalties. The Texas DWI laws stipulate different punishments depending on the blood alcohol concentration (BAC) level at the time of the arrest. DWI offenses are taken seriously, and the legal consequences can range from fines to jail time.
For a first DWI offense, the penalties typically include:
If your blood alcohol concentration is above 0.15, Texas law imposes enhanced penalties. A high BAC can lead to:
In addition to criminal penalties, a breath test result or refusal triggers a separate civil case regarding the suspension of your Texas driver’s license. This is known as the administrative license revocation (ALR) process. It is important to request an ALR hearing promptly, as failure to do so can lead to automatic license suspension.
After a DWI arrest, you have just 15 days to request an ALR hearing. This hearing provides an opportunity to challenge the license suspension and contest the breath test results. If you fail to request the hearing in time, your Texas driver’s license may be automatically suspended, which can significantly impact your daily life.
The ALR hearing is not just for fighting a license suspension; it’s also an opportunity to gather evidence that could be useful in your criminal case. We can subpoena records, including maintenance logs for the breath test machine, and any reports that may show weaknesses in the officer's administration of the test. This information can be critical in DWI defense and help strengthen your case in court.
A successful DWI defense requires more than just general knowledge of criminal law; it necessitates a thorough understanding of the scientific principles underlying breath tests. Breathalyzer machines are complex instruments, and only an experienced DWI lawyer with legal specialization in breath test defenses can fully protect your rights.
We have the technical expertise to analyze the Intoxilyzer 9000 data and maintenance records. Our team will carefully review calibration records and ensure that the machine is operating within the proper standards. If we find any discrepancies or irregularities, we can challenge the breath test results in your Houston DWI case.
As criminal defense lawyers specializing in DWI cases, we stay up-to-date with the latest case law related to breath testing. We understand the legal precedents that affect the admissibility of breath test evidence and can use this knowledge to build a strong defense strategy. This expertise is crucial in defending your criminal charges and protecting your criminal record.
At LaVine Law Firm, we are committed to providing legal counsel and fighting for the best possible outcome in your DWI case. Whether it’s challenging the breath test results or negotiating a favorable plea, we’re here to defend your rights and future. Contact us today for a free consultation to discuss your case with a skilled DWI attorney.
If you’ve been arrested for DWI and subjected to a breath test, it’s crucial to take immediate steps to protect your rights. The actions you take right after the arrest can impact the outcome of your DWI case. Here is a clear checklist to guide you through the process.
Write down all the details about the DWI arrest, including the time, location, and any interactions with law enforcement officers. Note if they performed field sobriety tests and the results, as well as how they conducted the breath test. This information can be valuable for challenging the validity of the test and the officer’s actions.
Certain medical conditions or substances can affect the results of a breath test. Mental or physical faculties, such as diabetes or acid reflux, can impact the test. If you have any health conditions or were under the influence of medication or substances at the time of your arrest, be sure to document these. We can use this information to challenge the breath test results in your defense.
After your DWI arrest, you have a limited time to request an ALR hearing to prevent license suspension. You have only 15 days to file for this hearing, so contacting Houston DWI lawyers today is crucial. Our team at LaVine Law Firm specializes in Texas DWI convictions and can help you navigate the administrative license revocation process, protecting your driving privileges.
Can a breathalyzer test be wrong?
Yes. Breathalyzers can produce false highs due to improper calibration, radio interference, medical conditions like GERD, or if the police officer fails to follow strict testing protocols. These errors can lead to inaccurate blood alcohol concentration (BAC) results, which an experienced DWI lawyer can challenge.
Is it better to refuse a breath test in the state of Texas?
There is no simple answer. Refusing a breath test triggers an automatic license suspension, but it may weaken the prosecution's case in your DWI offense. Consulting with an attorney before making this decision is crucial, as the consequences can vary based on your specific situation.
What is the legal limit for a breath test in Texas?
The legal limit for a DWI charge in Texas is a Blood Alcohol Concentration (BAC) of 0.08 percent, as measured by an evidential breath test. If your BAC exceeds this limit, you could face serious criminal charges, including possible license suspension.
How long does alcohol stay on your breath for a test?
Breath tests measure alcohol from your lungs, not your mouth. Alcohol can be detected for several hours after drinking, depending on the amount consumed. This means breathalyzer tests can detect alcohol even if you haven't been drinking for a while, which is important to consider when challenging the results.
Can you fight a DWI with a breath test result?
Absolutely. An experienced DWI lawyer can challenge the accuracy of the breath test, the maintenance of the machine, and the legality of the arrest itself. If we can prove that any part of the process was flawed, we can help fight DWI charges and possibly prevent harsh penalties.
What happens if the breath test machine wasn't calibrated?
If the breath test machine was not properly calibrated, or if the calibration records cannot be produced, the test result may be deemed unreliable and inadmissible in court. This could weaken the prosecution's case and may even lead to DWI charges being reduced or dismissed. Chemical testing errors like this are one of the main reasons to work with a skilled DWI attorney.
At LaVine Law Firm, we understand that a breath test result is not a DWI conviction. There are many technical vulnerabilities in the breathalyzer process, from machine calibration to the officer’s actions during the test. The ALR hearing deadline is very short, so time is of the essence to protect your driver's license and defend your rights.
Our team has the expertise to challenge the breath test evidence and explore every defense strategy to help you avoid harsh penalties. Contact us immediately for a free, confidential consultation to discuss how we can fight the DWI charges against you and protect your future.
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