Breathalyzers are made to test a person’s blood alcohol content,
but as you may know, they use a person’s breath to analyze this.
You may be asking yourself, why do breathalyzers test a person’s
breath instead of blood? This is the source of the problem with breathalyzer accuracy.
Studies have confirmed that breathalyzers have a margin of error, and many
can be off by as much as .01%. As you may be aware, this chance of error
can easily throw you over the legal limit of .08%, and ultimately land
you with a DWI. Why do breathalyzers fail to accurately measure blood
alcohol content? There are many factors that may contribute to an inaccurate
breathalyzer reading. For instance many argue that in order to convert
blood alcohol content (BAC) from the level of alcohol in the breath, a
ratio is used that applies to
most people, but because not all people are the same, this ratio may not apply
to all people. Also, medical conditions like diabetes, certain diets,
and some over-the-counter medicines can skew a breathalyzer’s BAC
finding. Even a high body temperature can produce a false high result.
Texas and Breathalyzers
Even though evidence suggests that breathalyzers do not accurately measure
blood alcohol content, these devices are still used by law enforcement
to test for DWI. However, if you do not feel comfortable taking a breathalyzer
test, you can refuse it. Refusal of a breathalyzer test could result in
the suspension of your drivers license, but being charged with DWI is
much more serious. If you do take a roadside breathalyzer test, it is
important to remember details of that day (such as what you ate and any
medicines you may have taken) to determine if you may have received an
inaccurate breathalyzer result.
Criminal Defense Attorney
If you have been arrested for DWI, it is important that you contact an
experienced criminal defense attorney to take on your case. At
Carroll Troberman, PLLC, we have years of experience fighting DWI cases in the Austin area. Do
not hesitate to
contact our office so that we can start building your case.