Understanding Breathalyzer Tests in Texas 
A breathalyzer does not measure blood alcohol content directly. Instead, it measures the alcohol in a person’s breath and converts that number into an estimated blood alcohol concentration. The law in Texas sets the legal limit at 0.08 percent. If your test result shows a BAC at or above that number, prosecutors often treat it as powerful evidence.
But like any machine, a breathalyzer is only as reliable as the way it is designed, maintained, and used. Problems with calibration, environmental conditions, and officer training can all impact the reliability of the result.
Why Breathalyzer Results Can Be Wrong
Breathalyzers may give the impression of precision, but they are prone to error. One of the biggest concerns is whether the machine has been properly maintained and calibrated. Texas requires regular checks to ensure the machines function correctly. If the maintenance schedule was ignored, the reliability of the test may be questioned. Officer error is another problem. An officer must follow specific procedures when giving the test. This includes observing the driver before administering it and making sure the instructions are clear. Failure to follow these steps can lead to results that are not trustworthy. Medical conditions also play a role. Acid reflux, asthma, diabetes, and other conditions can all affect how alcohol registers in a breath sample. Even certain diets may influence test results. Environmental factors are another concern. Substances like paint fumes, cleaning chemicals, or even radio interference can affect how the machine records results.
PROTECTING YOUR RIGHTS AND FUTURE
Criminal Defense Attorney
Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Procedural Requirements in Texas DWI Cases
Texas has clear rules for how a breath test must be conducted. Officers are expected to watch the driver for a period of time before giving the test to ensure nothing interferes with the sample. They must also ensure the machine is working properly and record the result according to required guidelines. If officers fail to follow these procedures, it can raise serious questions about whether the results should be trusted.Common Defenses to Breathalyzer Evidence
Challenging a breathalyzer result does not mean a person is claiming they did not consume alcohol. Instead, the defense focuses on whether the test can be trusted. Several strategies may be used in court. One defense is to question whether the machine was properly calibrated and maintained. If records show lapses in maintenance, the reliability of the results may be called into doubt. Another approach is to examine the way the officer conducted the test. If they failed to observe you before testing or gave incorrect instructions, the defense may argue the results cannot be trusted. A defense may also raise issues about your health. Conditions like acid reflux can create artificially high readings, and expert testimony can explain this to a jury. Finally, your attorney may challenge the legality of the stop or arrest itself. If police had no legal reason to pull you over, any evidence gathered, including breathalyzer results, may be excluded.
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