Houston Breath Test Lawyer

Were you given a breath test after your DWI arrest?

If you have been arrested for DWI, you were probably offered a breath test. The purpose of this test is to determine your blood alcohol concentration (BAC). In Texas, it is illegal to drive with a BAC of .08% or more. At Stradley, Chernoff & Alford, three of our partners are board certified in criminal law. Our experience has shown us that there is a lot to be skeptical about regarding breath tests. A dedicated and knowledgeable Houston DWI attorney may be able to use the flaws in breath tests to your advantage.

Our state has one machine that is certified for use by law enforcement official in performing a breath test. This machine is called the Intoxilyzer 5000. It is supposed to conduct a self-check on a mixture of distilled water and alcohol. This mixture is called a "reference sample" and is usually prepared by a city crime lab employee. In theory, this machine should work well. In real life, this is not always the case and this is where we may be of service to you.

Facts Concerning Breath Tests

One large area of concern is the "reference sample" that is used. If the reference sample is incorrect, how can the test that is taken in the field be accurate? There are vast differences in the physiology of our bodies. Many people have physical conditions or have been in contaminated environments that may throw the accuracy of a test off. A recent court hearing found that there is no internal test to determine if the machine is operating at the correct voltage. The machine could, therefore, be operating at the incorrect voltage which would change the numerical interpretation of breath alcohol concentration.

An arrest and conviction for DWI can have serious and life-changing consequences. Large fines, loss of your driver's license, jail time and other penalties can result from an unsuccessful DWI case. If convicted, it will go on your permanent criminal record and can affect future employment opportunities. Field sobriety tests are not perfect and final evidence of intoxication. In the case of a breath test, one can ask if the machine was properly calibrated or if it was even properly maintained. At times, the test is not administered correctly by the police officer. Anyone arrested for DWI does have legal rights. We feel it is important that those rights be protected.

Contact a Houston breath test lawyer when you have had a breath test for DWI and require competent legal assistance.