DWI Breath Test

An individual who is pulled over on suspicion of driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or controlled substances in Texas, the law enforcement officer will likely request you submit to a chemical breath test to determine your alcohol concentration level.

If you submitted to the breath test and failed the chemical test, there are many factors that may influence the results of the breath test. Simply because you were arrested for DWI for failing a chemical breath test does not mean you will be convicted of a DWI in Dallas.

If you refused a breath test, but were subsequently charged with a DWI, you may still avoid a conviction for your DWI allegations. The prosecution is required to show you were intoxicated by either having a blood or breath alcohol concentration level (BAC) of .08 or higher or having impaired mental and physical faculties from alcohol or drugs. This is very hard to demonstrate without alcohol concentration levels from a breath or blood test.

Dallas DWI Breath Test Lawyer

If you refused to submit to a chemical breath test for DWI in Dallas, or any of the surrounding areas in Texas, including Garland, Grand Prairie, Irving, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville, or Frisco, contact Law Offices of Richard C. McConathy.

Attorney Richard McConathy is knowledgeable in all areas of DWI testing in Texas and will make every effort to have your DWI charges reduced or even dismissed based on the breath test evidence. Call Law Offices of Richard C. McConathy at (972) 233-5700 about your breath test for DWI.

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Implied Consent in Texas

Under section 724.011 of the Texas Transportation Code, anyone who is arrested for a DWI-related offense is deemed to have given consent to chemical testing of their blood or breath to determine their alcohol concentration level, or levels of controlled substances or drugs in their blood.

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Texas Chemical Breath Testing

A breath test sample that has been given by the alleged offender to a law enforcement officer is required to be analyzed by certain individuals qualified to perform the analysis, according to Tex. Transp. Code § 724.016.

The Intoxilyzer 5000 is a breath test machine usually used in Texas to measure an alleged DWI offender’s breath alcohol concentration level.

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Errors with Breath Tests in Dallas

The Intoxilyzer 5000 often gives inaccurate, unreliable or incorrect results. There are a variety of factors that can result in increased BAC readings, including, but not limited to, the following:

  • The machine was not properly calibrated,
  • The machine was not properly maintained,
  • The individual who administered the test made a mistake,
  • The individual who analyzed the test was not qualified to do so,
  • The driver had a substance similar to ethanol in their mouth, like that found in toothpaste or mouthwash,
  • The machine placed a substance in the driver’s mouth that skewed the reading, and/or
  • The sample given by the driver was not tested against a control sample.

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Dallas Administrative License Suspension for DWI Breath Test Refusal

In Texas, individuals are permitted to refuse chemical testing of their blood or breath under Tex. Transp. Code Ann. § 724.013, except in limited circumstances. A law enforcement officer is required to give an individual a breath or blood test, even if they refuse, if:

  • Someone other than the driver suffered serious bodily injury, died or will die from a vehicle or boating accident,
  • The officer has reason to believe the driver has been previously convicted of certain DWI offenses, and/or
  • The driver was arrested for driving with a child passenger in the car.

If a driver refuses to submit to chemical testing of their breath to determine their alcohol concentration level, they can receive an administrative license suspension or revocation. This means even if the individual is not arrested for DWI, their license will still be suspended for refusal. For a first DWI offense, the period is usually 180 days. If the individual has two or more previous DWI contacts, the suspension is typically for two years.

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Suppress or Exclude Breath Test as Evidence

Since chemical breath tests, including the Intoxilyzer 5000, are often inaccurate and unreliable, your attorney may find a variety of defenses or factors that can result in suppressing the breath test evidence that are applicable to your particular breath test results. Some common defenses to breath tests in Texas can include:

  • The law enforcement officer stopped your vehicle without probable cause,
  • The law enforcement officer arrested you for DWI without probable cause,
  • The law enforcement officer gave you a chemical breath test after you refused and no exceptions applied,
  • As a woman, your lung capacity was not sufficient to give an accurate reading,
  • The arresting officer failed to give you Miranda Warnings upon your arrest, and/or
  • The arresting officer continued to question you after you were arrested and requested your lawyer.

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Law Offices of Richard C. McConathy | Fort Worth DUI Breath Testing Attorney

Contact Law Offices of Richard C. McConathy today for a consultation about your submission to a breath test in Dallas County in Texas. Richard McConathy is an experienced DWI attorney in Dallas who will make every effort to have the results of your breath test excluded from evidence.

Contact Law Offices of Richard C. McConathy at (972) 233-5700 for a consultation about your DWI breath test in Dallas County in Texas and the surrounding counties of Denton County, Collin County, and Tarrant County.

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Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
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