Breath Tests

Should I Take The Breath Test?

Criminal Defense Lawyers Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend Texans

Accused of DWI/DUI

At the Houston, Texas, DWI/DUI defense law firm of Stradley, Chernoff & Alford, L.L.P., our attorneys are often asked “Should I take the breath test if asked to by a police officer?” We always answer in the same way. In our opinion it’s not accurate in every instance, so why subject yourself to what may be inaccurate scientific evidence of your guilt?

Challenging Breath Test Accuracy and Reliability

In Houston, there has been quite a bit of discussion and news about the accuracy of the method used to test breath. One of our partners has had a client who, in independent testing with the same machine used by the State of Texas, registered a 0.18% breath alcohol concentration—more than twice the legal limit—after having drunk only three Coors Lights! Naturally, this news makes us skeptical about breath test accuracy.

You May Face Jail Time if You Refuse the Breath Test

However, it should always be remembered that if an officer is asking you to take a breath test he has already determined that there is reason to believe you are intoxicated. If you refuse the test, expect to be arrested and charged with DWI. A breath test refusal usually means forfeiting your license and a night in jail.

Why Does the State Have the Right to Use the Breath Test?

In Texas, you have agreed to take a breath test by way of “implied consent” when you apply for a driver’s license. When you refuse, you are forfeiting your license for a period of time. It is against the law to drive in Texas with a breath alcohol concentration of 0.08% or more – the state’s definition of drunk driving.

How Does the Machine Detect Intoxication?

Breath alcohol concentration is determined by use of a breath test device called the Intoxilyzer 5000. There is a lack of information about how the Intoxilyzer computes its information. The software program is protected by copyright laws. Our Texas drunk-driving defense attorneys seriously question the ability of this machine to confirm that any of our clients was driving while intoxicated.

Challenging Breath Test Results

When the DWI/DUI defense lawyers at Stradley, Chernoff & Alford, L.L.P., handle a case involving a breath test, we often suggest to clients that we hire an expert in chemistry, physics, or in the Intoxilyzer 5000 itself. The State will have its own expert testifying as to the accuracy and dependability of this device. We think the jury needs to hear the other side of the story when our client faces a driving while intoxicated charge. This is one reason that we believe that people charged with DWI/DUI need the guidance of an experienced attorney.

To schedule a consultation on lines of defense in connection with your Texas DWI/DUI arrest, contact Stradley, Chernoff & Alford, L.L.P.