False Positives: Texas DWI BAC Testing & Your Rights

If you’re facing criminal charges for DWI and you feel there’s problems with the BAC test, you’re not alone. During our experience as DWI lawyers, we’ve worked with lots of individuals with questionable BAC test results following a DWI arrest. If you’re in this situation, we can help you.

For over 30 years, we’ve dedicated our law practice to defending people arrested for drunk driving offenses throughout the Houston-Galveston region.

If you need our help, we’re prepared to leverage our knowledge to protect your rights. If you believe your case is based on a false positive from a BAC (Blood Alcohol Concentration) test, contact our law office today at 281-502-2122.

A Look at BAC Testing

If you’re facing DWI charges, it’s good to understand the fundamentals of BAC.

In Texas, law enforcement will conduct some form of sobriety test should you be stopped and suspected of driving while intoxicated.

If you’re suspect of DWI, the arresting agency will administer a breath or blood test to estimate your BAC and determine the level of your “alleged’ intoxication.

DWI Breath Testing

The Intoxilyzer 5000, for instance, uses infrared light to measure alcohol molecules, providing an estimate of your BAC.

However, these tests are not foolproof. Factors such as the reliability of the tests and the science behind them are often questionable. Furthermore, the maintenance of the machine, and the certification of the officer who administered the test, can all play a part in determining the accuracy of the results.

Casting Doubt on Breath Analysis Results

In court, an experienced DWI lawyer might decide to challenge the accuracy of the breath analysis results. Many extenuating circumstances, such as an individual’s weight or medical conditions, could affect the breath test results.

In addition to that, we could also add to our defense strategy by scrutinizing the maintenance history of the breath testing machine.

Another avenue we like is working to invalidate the credentials of the officer who administered the test. Breath analysis might be in law enforcement’s tools for assessing intoxication, but the tests and processes are certainly not infallible.

DWI Blood Testing

Scrutinizing Blood Testing Procedures

DWI blood tests come with their own set of circumstances. If an officer believes you’re driving while intoxicated and you refuse sobriety testing, they might get a blood draw warrant from a judge. If they pull this on you, you’ll be required to submit to the blood test. If you don’t cooperate, the warrant empowers police to forcibly draw your blood.

However, just because a warrant has been obtained does not mean the fight is over.

There are still potential defenses available.

For instance, it’s the blood testing procedures could have been faulty. Also, the officer may have misrepresented evidence in court. These are only but a few of the strategies that our firm might use to challenge the validity of blood tests.

Fighting Ignition Interlock Device Mandates

If convicted for a DWI in Texas, one of the possible repercussions is the court-ordered installation of a Breath Alcohol Ignition Interlock Device (BAIID). These are also referred to as Ignition Interlock Devices (IID) or Vehicle Breathalyzers.

The purpose of these devices is to perform a quick BAC test to ensure the driver is below the legal alcohol limit before allowing the vehicle to start.

Avoiding this consequence requires skilled legal defense. That’s assuming you’re convicted.

Our legal team led by Attorney Tad A. Nelson, who brings over three decades of experience, is well-equipped to provide this. We’ll meticulously study the evidence in your case. This includes the conditions under which your test was administered and the integrity of the alcohol detection equipment used, to search for potential false positives.