Limitations of Breathalyzers and Why You Should Not Refuse

 Posted on August 12,2024 in DWI

In the past, most people believed they were better off refusing a breathalyzer test. After all, submitting to the test could be construed as giving evidence against oneself. Today, the general consensus is that you might be better off submitting to a breathalyzer test—but not for the reasons you might think. Breathalyzer tests have many flaws that can potentially allow an experienced DUI attorney to have the charges reduced or dropped entirely based on an error.

When there is so much at stake, it is essential that a highly skilled Fairview, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C. be involved throughout the process. Our attorneys are knowledgeable legal professionals who understand that good people sometimes make mistakes. We have a deep understanding of the Texas DWI statutes; coupled with our extensive experience, you can rest easy knowing we are on your side.  

The Limitations of Breathalyzer Tests

Although breathalyzer tests are commonly used to determine whether a driver is legally intoxicated, these machines have technological limitations. When coupled with human error, those limitations can create a lack of credibility in the results.

Breathalyzer machines use infrared light to collect a sample of the driver’s breath. One of the biggest problems is that these machines do not actually measure the amount of alcohol in the driver’s system. They also do not test for the presence of ethanol—the chemical that causes intoxication.

Infrared light detects the presence of methyl chemicals, but other chemicals found in human breath may also contain methyl group chemicals. The breathalyzer is incapable of differentiating non-alcohol-based methyl compounds from ethanol. In some cases, the person taking the test cannot inhale deeply enough to provide a reliable air sample.

What Are Common Testing Procedure Issues and Machine Issues?

There may be issues with the machine itself and with how the test was administered. Machine issues include:

• Improper calibration—Breathalyzers are sensitive instruments that require regular calibration. When a machine has not been recently calibrated, the results may be inaccurate.
• Incorrect chemicals or improper amounts—Chemicals are used to analyze breath samples, and the solution must be changed regularly and mixed to the appropriate concentration. If the solution is old, incorrectly mixed, or contaminated, it can skew the BAC results.
• Unapproved modifications to the breathalyzer machine—Breathalyzer machines are manufactured to work a certain way. In situations where a hardware modification is made (even when well-intentioned), an unauthorized software update occurs, or the device is not used the way it was meant to be used, the machine may register incorrect BAC levels.
• Radiofrequency interference—Some electronic devices can interfere with breathalyzer test results.
• Defective machines or faulty programming—Breathalyzers rely on software to function, so out-of-date software can lead to BAC errors. Like any machine, a single breathalyzer machine could have defects that have not been detected.  

Assuming the breathalyzer works as it was meant to, the police officer may not be properly trained and certified or may not have followed procedure when administering the test (not waiting the required period after the subject’s last drink, failing to observe the subject for the required time, or not taking multiple samples.

Issues on the subject’s side include having diabetes or GERD, being on a low-carb diet, taking certain medications, or having other medical issues. People who routinely work with paints, varnishes, and cleaning chemicals could have a false high BAC reading.

Contact a Collin County, TX DWI Lawyer

If you have been charged with a DWI, the sooner you have a highly trained legal professional on your side, fighting for your future, the better your outcome is likely to be. A Frisco, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C. will look for any issue with your breathalyzer test, as well as other errors or violations of your civil rights. Do not wait, hoping the situation will resolve itself, as it rarely will.  Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation with attorneys who have more than 25 years of combined experience and more than 500 DWI trial victories.