In Texas, drunk driving allegations and the breathalyzer tests seem to go hand-in-hand. Since an arrest is often predicated on a driver’s blood alcohol concentration, the testing procedure is a fundamental part of the case. There is a perception that once the test results are revealed and admitted into evidence, the case is essentially over. However, that might not be true.
Any testing procedure needs to be evenhanded and a problem with the breathalyzer test could be fundamental to a legal defense. It is important to understand state law for implied consent and how testing is expected to be done. In addition, people who are charged for surpassing the limit for BAC should know that breathalyzers can be questioned.
Law enforcement must follow certain procedures in a DWI investigation
There are basic rules that law enforcement needs to adhere to when giving a suspected drunk driver a breath test. Prior to the test being given, the officer must observe the driver for a minimum of 15 minutes. The driver cannot put anything in their mouth – like a mint or gum – during that time.
When the driver takes the test, they must blow into the machine for a specified duration. It will determine how much alcohol the person has in their system. For a passenger vehicle on a conventional license, they can be charged if they register a 0.08 BAC. For commercial drivers, it is lower. Drivers can ask that another test be given within two hours of the first test. If it is a blood test, it must be taken by a medical professional, a technician or a chemist.
It is a mistake to automatically assume that the breathalyzer test is infallible. It was recently revealed that several states including New Jersey are facing the possibility that breathalyzers were not properly calibrated from 2008 to 2016. This could mean that an estimated 20,000 people who have a drunk driving conviction on their record could have post-conviction relief.
Questioning the evidence is a key part of a drunk driving defense
Drivers who are arrested for drunk driving have the right to call the evidence into question. They can also ask if the traffic stop itself was justified. Law enforcement is required to follow the proper steps. A failure to do so at any point could taint the evidence.
Since the penalties for a drunk driving conviction include the possibility of lost driving privileges, fines, jail time and even professional issues, it is imperative to explore all avenues to combat the charges. Having comprehensive advice from the outset is key.