Challenging A Breath Test

What Are My Options After a DWI Arrest In Houston?

A person who is suspected of driving while under the influence of alcohol will be given a breath test to determine their blood-alcohol concentration (BAC). The Breathalyzer test gives an estimate of the amount of alcohol in a person’s body. You will be charged with DWI if your BAC is 0.08 percent or higher. Commercial drivers can be arrested for drunk driving if their BAC is 0.04 percent or greater. If you are under the age of 21, any alcohol on your breath can result in charges of driving under the influence (DUI). The penalties for a conviction in a DWI case can include jail time, fines, restitution, alcohol counseling, court-ordered installation of an ignition interlock device and driver’s license suspension.

If you refuse to take a DWI breath or blood test, your license will automatically be suspended. A guilty verdict in a DWI case involving a commercial driver will result in a one-year CDL suspension. Contact a Houston DWI lawyer right away if you have been charged with drunk driving and secure capable legal counsel and representation. A proven attorney will vigorously fight the charges against you and protect your constitutional rights.

Jim Medley is uniquely qualified to defend Texas DWI breath tests. Medley is a trained operator of the Texas breath test machine and a certified maintenance technician. He owns his own Intoxilyzer 5000 and knows where to start to investigate the validity of its use in your case. As soon as you have been arrested for drunk driving, contact the offices of Jim Medley & Associates to get their team of experienced Houston DWI lawyers working on reviewing your case.

Errors In Breath Testing

The results of a breath test are often open to successful challenges, including addressing:

  • Mistakes made in testing procedures
  • The use of equipment that wasn’t properly calibrated
  • Sample contamination
  • The driver’s physical condition, including weight and body temperature
  • Administering the test within 15 minutes after the driver has smoked, eaten, belched or vomited

When proper testing procedures aren’t followed, or there are other errors in the testing process, the results can be challenged. The DWI defense attorneys at Jim Medley & Associates will conduct an extensive review of your breath test to determine the validity of the findings. Medley holds a master’s degree in forensic toxicology, and is an expert in the testing used to establish a person’s BAC. He can give you aggressive legal representation, and will immediately address the matter of the breath testing evidence and look for errors that can lead to a case dismissal or acquittal in court. Call the law offices of Jim Medley & Associates today to learn more.