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Contesting a breath alcohol test

On Behalf of | May 17, 2022 | Drunk Driving

The breath analyzer test is a standard piece of evidence in a DUI case. The scientific complexity of the test is hard to understand, so its use is regulated by Texas law. Police officers often do not comply with every regulation. Suspects can challenge the results of their breath tests in Texas courts.

Providing the breath alcohol test

Police who see signs of intoxication in drivers, such as speeding or swerving in and out of lanes, administer breath alcohol tests. Some cops administer these tests to all drivers who pass through anti-drunk driving traffic stops.

Testing the reliability of tests

Texas laws regulate the steps that are required to administer breath alcohol tests. If any step is not followed correctly, the test becomes inaccurate and invalid. The methods of analyzing an intoxicated person’s breath are outlined by the Texas Department of Public Safety. The police officer must be certified and trained by the Department to perform this task.

There are strict regulations for detecting drunk driving under most state laws. If a person is pulled over and administered a test by an uncertified officer, this unlawful act can be challenged in court. The test can become invalid if the officer fails to tell the driver how to blow properly or does not wait long enough to analyze the sample. It’s the officer’s responsibility to tell the driver what to do and to follow every step of the process correctly.

A DUI arrest in Texas includes a breath alcohol test to determine if the blood alcohol concentration is above legal limits. This roadside testing includes requirements that are regulated by state law. Any tester who violates the law can be sued in court and forced to revoke a DUI conviction or fine.