Defending a DWI Breathalyzer Test in Texas

By Cheryl A. Wulf, Criminal Defense Lawyer in Tyler, TX

If you’ve been arrested for Driving While Intoxicated (DWI) in Texas and failed a breathalyzer test, don’t panic — failing a breath test is not the end of the road. These tests are not always accurate, and there are proven legal strategies that may lead to the charges being reduced or dismissed. It is important that you speak with a qualified Criminal Defense Lawyer in Tyler, TX

What Is a Breathalyzer Test?

A breathalyzer is a device law enforcement uses to estimate a person’s blood alcohol concentration (BAC) by analyzing a breath sample. In Texas, a BAC of 0.08% or higher can lead to a DWI arrest. But despite how high-tech they may seem, breathalyzers are not foolproof.

Common Defenses to Breathalyzer Results

1. The Machine Was Not Calibrated Properly

Texas law requires that breathalyzer machines be routinely maintained and calibrated. If the machine wasn’t working correctly or hadn’t been serviced as required, the results could be thrown out in court.

2. The Officer Was Not Properly Certified

Only properly trained and certified officers are allowed to administer breath tests. If the officer who gave the test wasn’t certified or failed to follow correct procedures, the results may be invalid.

3. The Test Was Given Too Late

Alcohol takes time to absorb into your system. A test taken an hour or more after you were pulled over may not accurately reflect your BAC at the time you were driving.

4. Medical Conditions or Diet

Certain health conditions (like GERD or acid reflux) and even low-carb diets can create false positives on a breathalyzer. These conditions can cause alcohol to linger in the mouth and skew the test results.

5. Residual Alcohol in the Mouth

Mouthwash, cough syrup, or breath spray used shortly before the test can leave traces of alcohol in the mouth, resulting in a higher BAC reading.

6. Lack of Probable Cause

If the police officer didn’t have a valid reason to pull you over in the first place, everything that followed — including the breathalyzer test — may be suppressed due to a violation of your constitutional rights.

How Cheryl A. Wulf Can Help

As an experienced DWI Lawyer in Tyler, TX, Cheryl A. Wulf understands the science behind breath testing and the legal strategies necessary to challenge the results. Whether this is your first DWI or you’re facing felony DWI charges, Cheryl fights aggressively to protect your record, license, and freedom.

She will review every detail of your case, including:

• Whether the stop was legal

• The qualifications of the arresting officer

• The condition and calibration of the breathalyzer device

• Your health history and circumstances at the time of arrest

Don’t Plead Guilty Without a Fight

A failed breath test does not automatically mean a conviction. With the right legal defense, you may be able to keep your license, avoid jail time, and protect your future.

Contact Cheryl A. Wulf Today

11702 State Highway 64 E, Tyler, TX 75707
(903) 525-9869
wulf-law.com
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