Understanding the fallibility of breath alcohol tests in Texas

A DUI conviction can lead not only to fines, license suspension and possible prison time, but it can also result in trouble securing a job. At Crain Lewis Brogdon, LLP, we know how important it is to put together a compelling defense against such charges. Part of that could include pointing out how a breath alcohol test in your case may not have been accurate.

As a report from the National Motorists Association points out, breath alcohol tests are often unreliable, resulting in as much as a 50 percent margin of error. This can occur for a variety of reasons, including the following:

  • The law enforcement officer has not properly calibrated the machine.
  • The machine misreads an environmental element, such as paint fumes, as alcohol.
  • The machine mistakes food for alcohol.

Indeed, studies have shown that certain types of food such as bread can register as alcohol. Additionally, a report from the State University of New York has found that the presence of blood or vomit in your mouth can also trigger a higher reading.

The National Highway Traffic Safety Administration published a study that determined that if you have certain medical conditions, you may be more likely to fail a breath test. For example, someone who is diabetic has a naturally higher level of acetone. Breath tests can easily mistake acetone for alcohol, prompting an inaccurate reading and a wrongful arrest.

Keep in mind that just because a breath test determined that you had an illegal blood alcohol concentration, it does not mean that you are guilty of a crime. You still have legal options to protect your freedom. For more information on this topic, please visit our page defending against DUI charges.


Talk to
Our Team

Fill out the form below to connect with
our team about your case.

  • Please enter your name.
  • This isn't a valid phone number.
    Please enter your phone number.
  • This isn't a valid email address.
    Please enter your email address.
  • Please make a selection.
  • Please enter a message.