As you drove home from your monthly night out with friends at your favorite local Texas restaurant, you never dreamed you'd wind up facing drunk driving charges in court. After all, you're a cautious, responsible driver and you only had a small glass of wine before dinner. You really didn't have any hesitation when it came to getting behind the wheel because you were highly confident your blood alcohol content level was well within the legal driving limit.
In fact, you ate a rather large meal and had several cups of coffee, as well as water with lemon as you sat and relaxed for several hours following your supper, enjoying the companionship and conversation of your friends. The last thing you were worried about was getting pulled over by police, but it happened, and the next thing you knew, you were taking a Breathalyzer test.
The results of your breath test may not be accurate
In many states, the court allows results of a Breathalyzer test to be submitted as evidence when drunk driving charges are filed against a motorist. The problem is the results of such tests are not always reliable. In fact, they are often dead wrong. You have the right to challenge any evidence you believe is false. The following information may be pertinent to your current situation:
- At the time of your Breathalyzer test, your body may have contained high levels of ketones. The molecular structure of ketones is similar to alcohol. A Breathalyzer device may detect the presence of ketones in your body but mistakenly register this presence as alcohol.
- Other things, such as hairspray, mouthwash, cigarette smoke or acetone may skew the results of a Breathalyzer test.
- In order to maintain high levels of accuracy, regularly calibrated Breathalyzer devices are used. Frequently replaced and checked batteries are a must. Improper maintenance or calibration of such devices can cause faulty test results.
- Only certified personnel may administer Breathalyzer tests. Also, several tests given in succession will help guarantee consistency.
If you know you only had a single glass of wine to drink before a police officer stopped you on the road or you had more than that but believe your Breathalyzer test was not properly administered or results were defective in some way, you can seek guidance about how to challenge evidence as inadmissible. In fact, sometimes a Texas court dismisses a case entirely due to lack of evidence.