Challenging Breath Test Evidence

When a police officer pulls someone over for suspected driving while intoxicated, they have the right to request the individual to perform a breath test. This test is used to measure a person’s blood alcohol count, or BAC. If the BAC is .08% or above, a person can be arrested for DWI. A minor will face the Zero Tolerance Law, which means that a BAC of .01% or above can result in an arrest.

A common testing device that is used to measure BAC is the Intoxilyzer 5000. The driver blows into the machine, which measures the amount of alcohol on their deep lung breath and estimates their BAC. However, the results of breath tests are often inaccurate. Many times, the machine is not calibrated correctly or properly handled by the officer, which impacts the results of the test. This means that many DWI arrests result from false readings.

DWI charges can carry serious consequences and repercussions that can impact a person’s life for years to come. If you are facing DWI charges in Dallas and the state has breath test evidence to use against you, it’s important to understand your defense options. The good news is that you can most certainly challenge this evidence.

Possible Defenses

There are a number of possible defenses that can be used to challenge evidence obtained through a breath test. Your attorney can fight the evidence based on such factors as:

  • Officer did not have reasonable cause to pull you over/request the test
  • The device was incorrectly calibrated or sterilized
  • The officer failed to follow correct testing procedures
  • The officer was not properly trained on how to use the device
  • You were not observed for the necessary amount of time before being tested

With the right legal team behind you, you can effectively fight the breath test evidence and seek to have your drunk driving charges reduced or even dropped. No matter the situation, get in touch with our experienced Dallas DWI attorneys at The Wilder Firm. We can carefully review your case and create the best possible defense against your charges. Contact us today to get started!

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