Can a Failed Breathalyzer Be Challenged in Court?

By McDougal Law Firm
Man sitting in the car after police alcohol test with alcometer

Breathalyzer tests are often viewed as definitive proof of intoxication, but their results can sometimes be challenged. A failed breathalyzer doesn’t automatically mean a conviction. Various factors, from equipment malfunction to improper administration, can affect the accuracy of the reading.

If you’ve failed a breathalyzer test, understanding your rights and options is crucial. A DWI defense attorney can assess the circumstances of your case and help determine the best course of action. At the McDougal Law Firm, we understand how a failed breathalyzer can impact your life, and we work with clients to examine every aspect of their case. If you’re facing charges or have concerns about a breathalyzer result, it’s important to speak with a qualified DWI defense lawyer right away to protect your rights.

How Breathalyzer Tests Work

Breathalyzers estimate blood alcohol content (BAC) by analyzing a person’s breath. They rely on chemical reactions or infrared spectroscopy to determine the presence of alcohol. While these devices are widely used by law enforcement, they aren’t flawless.

Factors that can affect breathalyzer results include:

  • Device calibration: Breathalyzers must be regularly calibrated to maintain accuracy.

  • User error: Improper administration by the officer can skew results.

  • Medical conditions: Conditions such as diabetes or acid reflux may interfere with readings.

  • Environmental factors: Exposure to chemicals, mouthwash, or certain foods can impact BAC readings.

Because of these potential issues, a DWI defense attorney can examine the test procedures and determine whether your reading is reliable.

How Police Procedures Affect Breathalyzer Tests

Breathalyzer results can be challenged if law enforcement fails to follow proper procedures. Officers must adhere to standardized testing protocols, which include:

  • Pre-test observation: Officers should monitor the individual for at least 15 minutes before the test to make sure nothing contaminates the results.

  • Device maintenance: Proper maintenance and calibration records must be documented.

  • Correct administration: Officers should follow manufacturer guidelines and state regulations during the test.

If any of these procedures are mishandled, your DWI defense attorney may be able to challenge the validity of the test results. Even minor procedural mistakes can significantly affect a case.

Legal Grounds for Challenging a Failed Breathalyzer

Several legal arguments may be used to dispute a failed breathalyzer result. A skilled DWI defense lawyer will look for any weaknesses in the prosecution’s case. These grounds include:

  • Inaccurate device readings: Demonstrating that the breathalyzer was improperly calibrated or malfunctioned.

  • Improper test administration: Highlighting errors in how the test was conducted.

  • Violation of rights: Showing that the stop or test violated your constitutional rights, such as an unlawful search or seizure.

  • Medical or dietary factors: Presenting evidence that a health condition or ingested substance caused a false reading.

Using these arguments effectively requires a detailed review of police reports, calibration logs, and medical records, which a DWI defense attorney can handle.

Field Sobriety Tests vs. Breathalyzers

Field sobriety tests are often used alongside breathalyzer results. While they can support evidence of intoxication, they’re also subjective and prone to error. Common tests include:

  • Walk-and-turn: Evaluates balance and ability to follow instructions.

  • One-leg stand: Assesses balance while standing on one foot.

  • Horizontal gaze nystagmus: Measures eye movement for signs of impairment.

Errors in administering field sobriety tests can be just as important as breathalyzer mistakes. A DWI defense attorney may challenge the accuracy or interpretation of these tests in court.

The Importance of Evidence Review

Challenging a breathalyzer requires a careful examination of all the evidence surrounding the arrest. Police reports are reviewed to determine whether proper procedures were followed during the stop and testing process. Maintenance logs for the breathalyzer are also scrutinized to verify that the device was properly calibrated and maintained.

Medical records can reveal conditions that may have affected blood alcohol readings, while witness statements provide context about the events leading up to the arrest. A DWI defense attorney will thoroughly analyze all of this information to build a strong case aimed at challenging or mitigating the charges.

Common Mistakes People Make After a Failed Breathalyzer

After a failed test, it’s common for people to make decisions that may hurt their case. Avoiding these mistakes can improve your chances of a favorable outcome:

  • Admitting guilt: Any admission can be used against you in court.

  • Delaying legal counsel: Early intervention by a DWI defense attorney is critical.

  • Ignoring procedural errors: Failing to request records and logs can prevent your attorney from identifying weaknesses.

Recognizing these pitfalls early allows your attorney to take proactive steps and protect your rights, while also giving you the opportunity to build a stronger defense before any critical deadlines or hearings arise.

The Court Process for Challenging Breathalyzer Results

Once a case reaches court, challenging a breathalyzer involves presenting evidence and arguments to cast doubt on the test’s validity. Steps in this process typically include:

  1. Pre-trial motions: Your attorney may file motions to suppress evidence if the test was improperly administered.

  2. Discovery: Reviewing police records, maintenance logs, and other evidence.

  3. Professional testimony: Medical or chemical counsel may testify about the reliability of the results.

  4. Trial presentation: The attorney challenges the breathalyzer during trial, questioning procedures and results.

A DWI defense attorney can guide you through each step, making sure your case is presented clearly and effectively.

Breathalyzer Challenges in Texas Courts

Challenging a breathalyzer in Texas requires understanding how local courts interpret and apply the rules surrounding these tests. Texas courts have specific rules for breathalyzer challenges. Judges may consider:

  • Calibration and maintenance records: Lack of proper documentation can weaken the prosecution’s case.

  • Officer training: Insufficient training can result in inaccurate results.

  • Test administration issues: Mistakes in timing, observation, or equipment use may be grounds for dismissal.

A DWI defense attorney familiar with local courts can leverage these factors to protect your interests and seek a reduction or dismissal of charges.

Alternatives to Challenging the Breathalyzer

Sometimes, directly challenging a breathalyzer may not be the most strategic approach. In these cases, other options may be more effective. Negotiating a plea deal can reduce charges to a lesser offense, while challenging other evidence, such as field sobriety tests, witness statements, or dashcam footage, may also help strengthen your defense.

Additionally, certain first-time offenders may qualify for diversion programs that can reduce or even dismiss charges. A DWI defense attorney can carefully evaluate your situation and determine which approach is most likely to achieve the best outcome.

How a DWI Defense Lawyer Can Help

Having a DWI defense lawyer on your side can make a significant difference in how a case involving a failed breathalyzer is handled. A DWI defense attorney is essential in these situations because they bring knowledge of the law and court procedures that can protect your rights. They: 

  • Review evidence thoroughly: Identifying weaknesses in the prosecution’s case.

  • Challenge procedural errors: Highlighting mistakes that could invalidate results.

  • Present alternative explanations: Offering medical, dietary, or technical reasons for failed tests.

  • Negotiate outcomes: Working to reduce charges or penalties when appropriate.

With an attorney guiding the process, you can address all aspects of your case and improve your chances of a favorable result, while feeling confident that each legal step is carefully managed on your behalf.

Key Steps After a Failed Breathalyzer

After a failed breathalyzer, taking immediate action can make a significant difference in your case. Contacting a DWI defense attorney right away is crucial, as prompt legal guidance can help protect your rights.

It’s important to document your recollection of events leading up to the test while the details are still fresh. You should also request records such as maintenance logs, calibration documentation, and officer notes to support your defense.

Above all, avoid admitting to drinking or impairment until you’ve consulted with your attorney. Following these steps can help preserve your defense options and set the stage for a stronger case.

Challenges That May Arise in Court

Even with a well-prepared defense, certain challenges may arise during a court case. The prosecution may present strong evidence, including BAC results, field sobriety tests, and officer testimony, which can complicate your defense. Conflicting advisor testimony may also appear, with differing opinions about the accuracy of the device or the influence of medical factors.

Additionally, judicial discretion can play a role, as judges may weigh procedural errors differently depending on the circumstances. A DWI defense attorney can anticipate these challenges and develop strategies to address them effectively, making sure your case is presented in the best possible light.

The Benefits of Early Legal Intervention

Contacting a DWI defense attorney early in the process provides significant advantages. Early examination of breathalyzer records and police reports allows for a thorough understanding of the evidence against you. Acting quickly also helps protect your rights and prevents missteps that could harm your defense.

With early intervention, your attorney can develop a strategic plan to determine whether challenging the breathalyzer or pursuing alternative options is the most effective approach. Addressing these matters promptly assures your case is handled with care and diligence from the outset.

Penalties and Consequences

Failed breathalyzer tests can result in severe penalties, although the consequences vary depending on the specifics of the case. Monetary fines may be imposed based on BAC levels and prior offenses, while driving privileges can be suspended either temporarily or permanently. Courts may also require probation or community service in addition to other penalties.

In more serious cases, or for repeat offenses, jail time may be imposed. A DWI defense attorney can provide guidance on the potential penalties you face and advise on strategies to minimize them, helping you understand the full scope of your situation.

How Evidence Can Be Strengthened or Weakened

The strength of a breathalyzer-related case often hinges on the quality and reliability of the evidence presented. Cases are strengthened when devices are properly maintained, officers are well-trained, and testing procedures are followed precisely.

Conversely, evidence can be weakened by calibration errors, procedural missteps, or medical and dietary factors that could influence BAC readings. A DWI defense attorney will analyze all these elements, assessing both the strengths and weaknesses of the case, to determine the most effective defense strategy for your situation.

Contact Us Today

At McDougal Law Firm, we represent clients in Richmond, Texas, and throughout Fort Bend County, Wharton County, Colorado County, and other areas west of Houston. A failed breathalyzer doesn’t automatically result in a conviction, and a DWI defense attorney can examine every detail of your case. We provide thorough reviews, strategic planning, and personalized representation to help protect your rights. Contact us today to schedule a consultation and discuss your options.