The use of breath analyzers in drivers dates back as far as the 1940s. While not the most accurate of tests, it is considered by law enforcement to be the best available test for detecting whether or not drivers are over the limit for driving without impairment.
The breath detector is used based on its ability to read the blood alcohol concentration (BAC) in a person’s system. The limits considered safe around most of the U.S. is 0.08. But what does that mean, exactly? To understand it better, it helps to know how the breath analyzers work. How is it possible that a person can breathe into a machine and it detects how much they’ve had to drink?
While it is of utmost importance for public safety and individual safety that impaired drivers be taken off the road, it is also important to know how the limit is determined. Blood tests and urine tests are more accurate than a breath test, but those tests are impractical in roadside stops. For this reason, breath analyzer is by far more likely to be used.
When a person consumes alcohol, it gets absorbed by the mouth, throat, stomach, intestines, and bloodstream. Because alcohol is not digested upon absorption, nor is it chemically changed in the bloodstream, when the blood goes through the lungs, some of the alcohol moves across the membranes of the lung’s air sacs. These air sacs (alveoli) allow the alcohol evaporates to be exhaled.
The BAC is based on a ratio of breath alcohol to blood alcohol as 2100:1. So 2100 milliliters(ml) of alveolar air contains the same amount of alcohol as 1 ml of blood. The American Medical Association has determined that a person can become impaired when the blood alcohol level reaches 0.05. A reading of 0.08 indicates that there are 0.08 grams of alcohol per 100 ml of blood.
There’s quite a math formula that goes into determining how much alcohol a person can consume (based on their body size/weight/type.) To avoid making an error in judgment, make the decision not to drink and drive.
Attacking Breath Test Evidence of DWI Guilt in Texas
Breathalyzers are not flawless, and if improperly handled by law enforcement the evidence collected can be flawed and challenged in court. There is also substantial scientific debate over how accurate a breathalyzer test is, even under ideal conditions.
When your livelihood, your job, your driver’s license, and even your freedom is at stake, you should have a criminal defense lawyer on your side who can challenge breath tests and other questionable evidence in court. Our DWI lawyer has been representing clients in San Antonio and throughout Bexar County for 15 years. We can help you protect your rights in and out of the courtroom.
Working to Build a Skilled Defense
In DWI cases, the breathalyzer test is often a key element of the prosecution’s case. Some people mistakenly believe that the results of that test are the end of the story and that a defense lawyer cannot do much to help. The reality is that as a skilled trial lawyer, our founding attorney has successfully challenged breathalyzer results by arguing points such as:
- The police improperly administered the test
- A client’s blood alcohol level was different at the time the accused was driving
- The breath test machine was in error or not calibrated correctly
- The suspected DWI offender was not properly monitored up to administering the test
In Texas, the prosecution has to prove first and above all else that the accused was intoxicated or his or her driving ability was impaired when driving. A breathalyzer test result can be a part of this case, but at best, it only really indicates that a person was intoxicated at the time they took the test. As an experienced lawyer with proven results challenging these kinds of cases, our law firm knows how to challenge the prosecution and cross-examine police.
Whether you are accused of a first-time offense or you have previous DWI convictions, our lawyer can work to help you.