Posts tagged Inaccuracy

DWI Breath Test Refusal Houston Texas

Aug 29th

Posted by author in DWI attorney Houston

Reader’s Question:

I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?

Roy
Houston, TX

Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.

It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.

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How Accurate is a Houston Texas DUI Breath Test?

Aug 13th

Posted by author in Blood alcohol level tests

Reader’s Question:

I have been helping my brother through his DUI case in Houston, Texas for months now. I’ve done a good deal of research on this and I know that police officers are supposed to do tests on you on the spot if you’re suspected of DUI like the breath test. My brother says it took about more or less an hour for the police officer to do a breath test. Can this affect the accuracy of their charge against my brother’s case?

Frances

Houston, TX

You’re right to suspect the inaccuracy of the tests used for DUI arrests especially on how they’re applied. The breath test, the most common test that people take once they are taken to the police station, is already highly susceptible to error. If this test is not taken immediately or the timing was inaccurate, then it will not accurately measure the blood alcohol content and this can turn the tide on your brother’s DUI case. There are a lot of instances like this, especially in densely populated areas such as Houston, Texas, where the accuracy of the breath test alone has been the factor for judges to dismiss DUI cases.

For example, most testers assume that your normal breath temperature should fall on a certain level but studies have shown that some people can have higher breath temperatures due to many other factors that may not have anything to do with being intoxicated.

Your metabolism also plays a big role in how fast it absorbs and gets rid of the alcohol in the body, a slower metabolism means that you can still fail the breath test even if it’s been hours since your last bottle, this can be helpful in arguing your brother’s DUI case if you suspect him having slow metabolism. One should not be tested within 15 minutes after vomiting, hiccupping or belching since these increases the amount of alcohol in your breath. Dentures can trap the alcohol in your mouth too. I suggest you get a good idea if your brother’s using any products or medications that can have other chemical compounds that can come up as alcohol since the tester only detects part of the alcohol molecule called the methyl group and this can inflate the result of the test to your brother’s disadvantage.

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