Challenging The Breathalyzer Test

Challenging the Reliability of Breathalyzer Test Results in Texas

Board Certified Criminal Defense San Antonio, TX

In all drunk driving cases, the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense was at or above the statutory limit. In Texas that limit is .08. It is necessary to obtain a suitable sample of the blood hair or urine of the person arrested for drunk driving in order to prove the level of alcohol in the blood is above statutory limits at the time of the arrest. The use of a breath test is the most common scientific method for proving that a drunk driving offense has occurred. Some defendants, however, have been able to effectively dispute the outcome of breath tests in court, thereby preventing a conviction. Anthony Cantrell is experienced in drunk driving defense law and is in the best position to advise you on whether the "Breathalyzer" test results may be subject to challenge in your particular case.

Breath Test Results Can Be Challenged on Several Bases

A breath test is quite simple to perform and involves measuring the amount of alcohol in a certain amount of expired air. The drawback to the breath test is that it is an “indirect” method and therefore subject to variability. Variables that can lead to questionable results include:
• the temperature,
• atmospheric pressure,
• the chemical composition of the alleged offender's blood,
• his or her physical activity, and
• hyperventilation
• skill and experience of the tester
• quality of equipment used
• exposure of the accused to paint or gasoline fumes or dry cleaning fluids

Some courts have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of Breathalyzer test results based on these inherent variables. 

Some courts have demonstrated more willingness than others to accept challenges to blood alcohol test results. As an experienced drunk driving attorney, Anthony Cantrell knows which challenges are likely to be accepted in local courts and which are not.

It is important to remember that even if you have blown an above-the-limit reading on a Breathalyzer test you may not be convicted of DWI. Anthony Cantrell is a skilled and knowledgeable lawyer able to explain what challenges are appropriate to your particular case and possibly even keep the test results out of court entirely.

Located in San Antonio we represent clients charged with DWI offenses and other drunk driving violations in communities throughout Central and South Texas. Our clients will receive the following:

• Certification by the Texas Board of Legal Specialization in Criminal Law
• Proven track record of successes
• Emergency hearings and bail bond service 24 hours a day - 7 days a week
• Free initial consultations
• Affordable fees in writing
• Personal care and attention by an experienced Texas lawyer

Protect your rights. Contact our office as soon as possible and let us start to aggressively fight for you today.