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.
DWI Breath Test Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you refused to submit to a chemical breath test for DWI, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
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.
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.
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.
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.
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 that 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.
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 is 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.
Find A Dallas County Defense Attorney for DUI Breath Testing Charges | Law Offices of Richard C. McConathy
Contact 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 the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.