Driving while intoxicated (DWI) in Texas is a serious offense. It can result in consequences of large fines of up to $10,000 for repeat offenses, and even jail time. If you were charged with a DWI due to a failed blood or breathalyzer test, a Lewisville breathalyzer and blood test defense lawyer may be able to provide assistance regarding your case. If you have questions regarding your breathalyzer or blood test related to a DWI charge, or if you would like to learn more about how an attorney may be able to assist you, contact the Law Offices of Randall B. Isenberg today at (214) 696-9253.
More Information on Breathalyzer and Blood Tests Used in DWI Cases
If a driver is found to have a blood alcohol concentration (BAC) of 0.08% or higher, they can be arrested and charged with DWI, as stated by the Texas Department of Transportation. Breathalyzer tests are commonly used in this regard because they give a quick reading; however, the results may not always be accurate, according to data from MedlinePlus. Alternatively, blood testing may be used to verify BAC. Blood samples are generally deemed more accurate than breathalyzer tests, but they are generally unable to be performed on site by an officer.
If you have been arrested because of a failed breathalyzer or blood test, working with a lawyer who has a focus in this area of the law may be helpful in developing a defense strategy in an effort to secure a better outcome for your case.
Potential Causes of a Failed Breathalyzer or Blood Test
Breathalyzer tests can be used to determine BAC; however, various factors can affect the accuracy of a reading. Because these tests are designed using technology that reads the microscopic levels of alcohol that may be present in one’s breath and lungs using infrared light, it is not an exact science. Here are some common factors that may affect the reading of BAC with a breathalyzer test:
- One’s blood chemistry
- How forcefully one blows onto the reader
- The air temperature
- Certain medications
- Diabetes (if one has low glucose in their blood, the symptoms may seem very similar to drunkenness. Furthermore, acetone on the breath due to the low glucose may get read erroneously as positive for alcohol on a breathalyzer.)
- Ketosis (high-protein diets can cause high acetone levels in the lungs, resulting in a false positive on a breathalyzer)
- The use of certain mouthwashes or breath sprays (they may have concentrations of alcohol, which may cause remnants of alcohol on the breath for as long as 20 minutes after use)
How a Lawyer May Be Able to Dispute a Breathalyzer or Blood Test in Your Defense
If you believe your breathalyzer or blood test was inaccurate due to one of the above-mentioned factors, or perhaps another reason, you may want to consider discussing your situation with a legal professional. A Lewisville breathalyzer and blood test defense lawyer may be able to help you. With an established focus on DWI cases, an attorney will understand the nuances of defense needed, with knowledge on how to detect potential flaws, negligence on the part of the officer, or other errors that may have occurred when the tests were administered. Additionally, an attorney will understand how to collect necessary evidence on your behalf to dispute the charges.
Ways a Lawyer May Be Able To Defend You in Your DWI Case
A lawyer may be able to help you with your DWI case in a variety of ways. Among the most important is the possibility of being able to prove there was an error in your breathalyzer or blood test. Here are some of the points of interest your lawyer may be able to argue on your behalf:
- There is a large margin of error for an accurate breathalyzer test
- Even a minor error, mechanical issue, or processing mistake may prove your innocence
- A defective breathalyzer device, whether outdated or improperly maintained, can result in false readings
- A breathalyzer device may have been inaccurately used by the officer, resulting in an incorrect reading
- There was a lack of a probable cause to require the use of a breathalyzer test
- Proper protocol was not followed in administering the test by the officer
If you have been charged with a DWI after what you believe to be an inaccurate breathalyzer or blood test, discussing your case with a legal professional may be helpful. To learn more about your options, reach out to the Law Offices of Randall B. Isenberg at (214) 696-9253 today.
Contact the Law Offices of Randall B. Isenberg
If you were pulled over and given a breathalyzer or blood test and charged with a DWI, you should know that if you feel you were wrongly charged or there were errors in your case, discussing your case with a legal professional may be helpful. DWI is a serious offense with major consequences that can affect your life in many ways for years to come.
Working with a Lewisville breathalyzer and blood test defense lawyer may be beneficial for your situation, as legal guidance on how to proceed and handle your case can play a huge role in its outcome. Additionally, if you can contest the charges, the assistance of an attorney may help by building a strong defense in your favor, demonstrating error or inaccuracy where it occurred.
Our professional legal team at the Law Offices of Randall B. Isenberg has helped many clients through similar situations, and with a focus on DWI defense cases, we can examine the specifics of your case to help determine what the best way to proceed may be. We understand how ineffective breathalyzer tests can be, and if necessary, we can build a defense centered on fighting the toxicology report. Additionally, we can build a similar defense for a blood test, using forensic evidence that may be in your favor as well.
To learn more about your potential options for your DWI case, contact the Law Offices of Randall B. Isenberg at (214) 696-9253 today.
