Houston Breath Test Lawyer

When you’re pulled over and suspected of driving under the influence (DUI) in Houston, one of the first tests law enforcement may perform is a breath test. This simple procedure can have significant implications for your future. Understanding how breath tests work and what your legal rights are can make a crucial difference in your case. A breath test measures the alcohol content in your breath, which can then be used to estimate your blood alcohol concentration (BAC). If your BAC is above the legal limit, you may face serious consequences, including fines, license suspension, and even jail time.

At Mary E. Conn & Associates, our team of Houston breathalyzer test lawyers understands the anxiety and confusion that can accompany a DUI charge. Our team is dedicated to providing you with a strong defense, aiming to minimize the impact on your life. We work tirelessly to challenge breath test results and protect your rights in court. If you are facing DUI charges, it’s crucial to contact us immediately. Call us now to ensure your defense is handled by a team with extensive experience in DUI cases.

How Breath Tests Work

Breath tests are commonly used by law enforcement to determine if a driver is under the influence of alcohol. These tests work by measuring the amount of alcohol in your breath, which is then converted to an estimated blood alcohol concentration (BAC). There are several types of breath tests, including preliminary breath tests (PBT) and evidential breath tests (EBT). PBTs are typically used during roadside stops, while EBTs are used at the police station and provide more accurate results.

The accuracy of breath tests can be influenced by various factors. The calibration of the device, the officer’s training, and even the presence of certain substances in your mouth can all affect the results. For example, mouthwash or certain medical conditions can lead to falsely high BAC readings. It’s important to be aware of these potential issues, as they can be used to challenge the validity of the test results in court.

Despite their widespread use, breath tests are not infallible. There are documented cases where breath tests have provided inaccurate results, leading to wrongful convictions. Understanding how these tests work and their limitations is crucial for mounting an effective criminal defense. By questioning the reliability of the breath test, you may be able to reduce or dismiss the charges against you.

Legal Rights During a Breath Test

Knowing your legal rights during a breath test can significantly impact the outcome of your DUI case. In Texas, you have the right to refuse a breath test, but this refusal comes with its own set of consequences. Refusing a breath test can result in an automatic license suspension and may be used as evidence against you in court. However, the prosecution must prove that the refusal was not reasonable under the circumstances.

If you decide to take the test, it’s important to remember you are entitled to certain protections. For instance, the officer must follow specific procedures when administering the test, and any deviation from these procedures can be grounds for challenging the results. Additionally, you have the right to request an independent test at your own expense to verify the results of the breath test.

It’s also important to understand the concept of “implied consent.” By driving on Texas roads, you have implicitly agreed to submit to a breath test if lawfully requested by a police officer. However, this does not mean you are without recourse. If your rights were violated during the arrest or testing process, the evidence obtained may be deemed inadmissible in court. Consulting with a skilled breathalyzer test attorney in Houston can help you navigate these complex legal waters and protect your rights.

Challenging Breath Test Results

Challenging the results of a breath test is a key strategy in defending against DUI charges. There are several avenues to explore when questioning the accuracy and reliability of the test. One common approach is to examine the maintenance and calibration records of the breathalyzer device. If the device is not properly maintained or calibrated, its results may be unreliable.

Another approach is to scrutinize the arresting officer’s conduct and training. Officers must follow specific protocols when administering a breath test, and any deviation from these protocols can be grounds for challenging the test results. For example, the officer must observe the suspect for a specific period before administering the test to ensure no substances are consumed that could affect the results.

Medical conditions and other factors can also play a significant role in the accuracy of breath test results. Conditions such as acid reflux, diabetes, and certain medications can lead to falsely elevated BAC readings. By presenting evidence of these conditions, you may be able to cast doubt on the reliability of the test results. An experienced DUI attorney can help you explore these and other defenses to build a strong case.

Why Choose Mary E. Conn & Associates?

At Mary E. Conn & Associates, our team of breathalyzer test lawyers in Houston, TX provides comprehensive and dedicated legal services for those facing DUI charges in Houston. Our team is highly experienced in handling cases involving breath tests, and we are well-versed in the intricacies of Texas DUI law. We believe in a personalized approach to each case, ensuring that every client receives the attention and tailored defense they deserve.

Don’t face a DUI charge alone. Contact us today to discuss your case with a skilled Houston breathalyzer test attorney. We are here to provide the support and guidance you need during this challenging time. Call us now at (713) 357-4190 or fill out our contact form to get started on your defense.