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Take a deep breath before challenging Breathalyzer evidence

by Steven Ashley Gibbins on Jan. 18, 2018

Criminal DUI-DWI 

Summary: Take a deep breath before challenging Breathalyzer evidence

Let's say you're driving home from a night on the town with your friends. It had been a while since you all got together, and you are replaying the wonderful evening in your mind as you drive along a Texas highway. As is often the case in life, things can go from great to not good at all in an instant. If a police officer pulls you over before you reach your destination, your evening out may go from being a cherished memory to a night you'd rather forget.

You may have only imbibed a small amount of alcohol during supper earlier in the evening. You ate a lot of snacks beforehand and a rather large entrée, so you weren't really worried about getting behind the wheel of your car, that is, until you were rolling down your window and hearing a police officer tell you please step out of your vehicle.

Next up, breath test

Following a request to exit your vehicle is often another request to take a Breathalyzer test. If for instance, the officer claims your tires were veering over the yellow line as you drove, this would be a lawful reason to ask you to comply. Knowing your rights and where to seek help ahead of time can help you rectify major problems if you later face DWI charges in court. The following list provides information regarding strategies for challenging breath test evidence:

· Calibration is a critical factor to a Breathalyzer's accuracy. An improperly calibrated or maintained device may produce faulty results. If you challenge breath test calibration in court, prosecutors would have to provide evidence that the exact device used to test your breath was calibrated correctly at the time.

· Scientific evidence shows Breathalyzer devices do not always produce reliable results. This is one reason there should be multiple tests given within a certain amount of time to check for consistency in results.

· Only certified officials may administer Breathalyzer tests. If you believe the officer who performed your analysis may not have possessed the appropriate credentials to do so, you may seek legal assistance to submit a challenge to the court.

· The entire process under which your Breathalyzer test took place must adhere to strict regulations and protocol governing such matters. Administering a breath test represents part of the search and seizure process. If a police officer fails to comply with a protocol or violates your rights in some way, the evidence proffered may be challenged as inadmissible in court.

Facing DWI charges that include breath test evidence can be a very frightening experience. It's normal such circumstances would cause you great stress as your driving privileges or personal freedom may hang in the balance. This is generally why most Texas motorists seek support from experienced criminal defense attorneys to fight against such charges on their behalves.


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