In Texas, when a driver is stopped by law enforcement as part of an investigation to determine if they are intoxicated, the testing procedures are a fundamental part of the case. That includes breathalyzers and blood tests.
A driver who registers above 0.08% blood alcohol concentration will be charged with driving under the influence. It is 0.04% for commercial drivers. Drivers under 21 will face charges if they have any alcohol in their system at all.
However, the breathalyzer is not always accurate. The machine itself could be flawed or the officer giving the test could have made an error along the way. This must be scrutinized as part of a defense.
Know the law about breathalyzer tests when fighting DWI charges
According to state law, the breathalyzer needs to be properly calibrated to operate correctly. Failure to maintain it or calibrate it could stem from several missteps including not using the correct chemical solution or the machine itself being defective.
These machines must be maintained and tested to ensure they are accurate. Failure to do so could result in an inaccurate reading and a person arrested when perhaps they should not have been.
The officer giving the test needs to be certified to give it. They must be trained in programming it, maintaining it, instructing the driver on how to take the test, and understanding if other factors need to be considered to determine if the driver was under the influence.
If the officer asks the driver to submit to blood tests, the person taking the specimen must be a physician, a technician qualified to take blood, a nurse, or a medical technician or paramedic authorized to give these tests. Naturally, the blood test must be given in a sanitary environment where contamination is unlikely. The person who is tested can also ask for additional testing within a reasonable time up to two hours after having been arrested.
All avenues must be explored when charged with DWI
When formulating a defense, the driver might automatically think that the breath test was accurate and they need to find another avenue to fight the charges. Or they could be under the impression that the case is over, they will be convicted and they come to grips with the consequences while trying to mitigate them.
But there are ways to combat the allegations and reach a positive resolution. Questioning the validity of the tests is one way to avoid a DWI conviction. Having professional assistance is key to exploring the available options.
