When A Poor Breathalyzer Report Can Be Part Of A Defense Strategy
There are an array of items that can be used as evidence in intoxicated driving cases, including the results of breathalyzer tests. While these tests are a seemingly straightforward method for measuring blood alcohol content (BAC) in suspected drunk drivers, there can be accuracy issues.
Potential defense strategies could be connected to breathalyzer test results. Share your concerns with a skilled Houston DWI lawyer who knows how to navigate the intricacies of a drunk driving arrest.
Breathalyzer Tests Have Limitations
While breathalyzers are an important tool in holding drunk drivers accountable, it’s essential to recognize their limitations. Often they are touted as precise instruments, but there are also various factors that can skew their results. Environmental factors like temperature and humidity can affect accuracy, as can physiological factors such as a person’s metabolism or medical conditions like acid reflux. Improper calibration or maintenance of the device can also lead to inaccurate readings.
For example, a common issue with breathalyzer tests is the potential for false positives. Certain substances like mouthwash or breath fresheners containing alcohol may elevate BAC readings, and the inherent margin of error in these devices means that even a seemingly high BAC reading may not accurately reflect a person’s level of intoxication.
Because of possible inaccurate readings, some defense strategies revolve around disputing the reliability of breathalyzer results. This may involve questioning the calibration and maintenance records of the device used. Additionally, there can be challenges to the qualifications of the officer administering the test or efforts to highlight environmental or physiological factors that could have impacted the accuracy of the results.
Looking at Alternative Explanations
If a client registers a high BAC on a breathalyzer test after consuming only a moderate amount of alcohol, casting doubt on charges could be possible, such as investigating whether the breathalyzer device was properly calibrated. Defense attorneys may also look into alternative explanations for a client’s alleged intoxication. For instance, if a client exhibits signs of impairment but registers a low BAC on a breathalyzer test, it could be argued that other factors, such as fatigue or prescription medication, are responsible for their condition.
There are even situations where there can be challenges to the legality of the traffic stop itself. If law enforcement officers lacked probable cause or violated the client’s rights during the stop, any evidence gathered, including breathalyzer results, may be deemed inadmissible.
As soon as you connect with a Houston DWI lawyer they will begin the process of identifying potential issues in the prosecution team’s case against you. With those facts in place, it may be possible to develop an effective defense strategy.
Should you dispute the results of a breathalyzer test? While breathalyzer tests are common forms of evidence in drunk driving cases, courts and attorneys recognize that their reliability is not infallible. Share the specifics of your situation with the legal team at Ayson Law Firm. Seasoned DWI lawyers may be able to explore alternative explanations if you are facing an alleged intoxication charge. Contact us today for a free consultation.
