Houston Breathalyzer Tests Attorney

The first breathalyzer was manufactured nearly seventy years ago and today may be the most misunderstood tool in law enforcement’s arsenal to fight drunk driving. To begin with a breathalyzer is a machine that measures the amount of alcohol on your breath and not the actual amount of alcohol in your blood – to do that would require an analysis of a blood sample. This is just one of the misconceptions surrounding the machine that police have come to rely on when attempting to determine a driver’s level of intoxication.

There are other flaws with the breath analyzer as well – some serious enough to question the validity of findings presented in court cases – and the frequency of challenges is becoming so great that the reliability of the machine itself is now undecided. For instance, drivers who have simply used a mouthwash and then undergone a breath analysis may end up with a higher BAC (blood alcohol content) reading because there is alcohol in this ‘over-the-counter‘ product. Too, other items in the mouth may also impact the reading such as minute food particles that may remain in your mouth after you have dined and had a glass of wine with your meal. Tongue studs are equally as vexing – and require their removal and a wait time before the results of the breathalyzer will be considered accurate.  

Then there are the problems with the equipment as well. Tests done on breathalyzers have shown that they are sensitive to the temperature of the individual on whom the test is being administered as well as the temperature of the surrounding air. Ambient and direct sunlight can also affect the machine’s final reading. Another defect comes in the calibration of the machine. Even the more technologically advanced models can present problems if the users are not trained to maintain the fine tuning that accompanies the use of a breathalyzer.

Finally, a person’s physiology (and biology) may also result in an inaccurate interpretation of the breathalyzer’s findings. This includes the fact that the height, weight and sex of an individual as well as their tolerance for alcohol could lead to a false reading of intoxication. Persons who are ill  - or on medication may present a ‘0.08’ blood alcohol content level. Unfortunately it is actually the combination of their ailment, prescriptions or over the counter medication that is the true culprit. For example, asthma and diabetes are just two disabilities that can alter the findings of a breathalyzer and a substance as seemingly innocuous as cough syrup can cause the machine to consider a person intoxicated.

Often the results of a blood alcohol content reading become the cornerstone of the prosecution’s case against the alleged drunk driver. This is an important fact that cannot be overlooked when one is stopped and then arrested for suspicion of driving while intoxicated. Due to the fact that the machine and potential results are riddled with problems it is most likely a better choice to refuse law enforcement’s request for a breathalyzer test and request a Houston DWI attorney instead.