Challenging Breathalyzer Tests

Want to learn about challenging breathalyzer tests in Texas? Watch this video to see how our law firm takes action. Then call for a free consultation.

Question: Can you challenge a breathalyzer test in court?

Answer:

In most cases, an officer requesting that you take a breath test, if you do it, is not admissible against you at trial, because that machine he used at the scene, in most cases, is what’s called a PBT, a portable breath test machine and they are not accurate.
Challenging Breathalyzer Tests
The results from those can vary dramatically. An officer might be able to use it against you, or the state can use it against you if you denied consuming alcohol. They can use it to show the consumption of alcohol, but not the result. The reason is, of course, like I mentioned earlier, that the results from that machine are not accurate.


Were you or a loved one arrested for drunk driving and have questions about challenging breathalyzer tests in Texas? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.

Attorney Kurt W. Gransee has achieved the highest rating of superb on Avvo.
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Successful Case Defending DUI

Juan G. – The defendant was stopped for driving at night without his headlights on.  The defendant consented to the breath test and blew a .125.  At a motion to suppress hearing the officer testified about what he said to the defendant about taking the breath test.  It was clear that the officer was attempting to convince the defendant to take the test.  It is against the law for an officer to use persuasion to get the defendant to consent to the breath test.  After the hearing the judge threw out the breath test and the state then dismissed the case.