If you’ve been accused of driving while intoxicated in Texas and a breathalyzer test was used, fighting the charges is essential. You may be able to challenge breathalyzer results in court.
Reliability of the breathalyzer test
One of the first ways to combat a DWI charge is to question its reliability. In a previous case, a judge ruled that a specific breathalyzer testing device was “not scientifically reliable.” If this device was used in your case, you may have a way to win.
Incorrect calibration
To accurately measure your blood alcohol concentration, the breathalyzer testing device must be calibrated correctly. If an officer can’t testify that they calibrated the device accurately when you were pulled over, you may have a way to beat the DWI charge.
No breathalyzer training
If the officer taking the reading of the breathalyzer testing device in your case hasn’t gone through the proper training to use the device, it may be shown to be unreliable in court.
Illegal search
When the calibration is correct and the officer has had breathalyzer training, you still can win a DWI case. To beat the charges, the officer must have had reasonable suspicion to stop your vehicle, such as reports you were driving poorly. You may also win your case if they don’t indicate that you had slurred speech, that they smelled alcohol or that other evidence was available showing your intoxication.
The testing officer doesn’t testify in your case
You can also use your constitutional rights to fight a DWI charge. If you can show your rights were violated, you have a chance of winning.
These are some ways other individuals have beaten DWI charges. Researching these methods and using one or more of them may be the best way to win your case.
