The cop will ask you to take a breath specimen right then and there. The result of that little machine is inadmissible in a court of law, which means they can’t use it. They’re using it to build probable cause to arrest you but that’s inadmissible when we get to court. The breath sample that we’re talking about is actually from the Intoxilyzer test. The Intoxilyzer test will be administered when you arrive at the jail. And you have a right to deny that breath test. There’s consequences because in the State of Texas, we all consent generally, we consent that when we’re driving a car, we’re not intoxicated. There’s consequences to not taking the Intoxilyzer test and that’s you lose your license. However, if you come to me, we can quickly get you what we can occupational license, so you can drive through work and meet your basic needs. And that serves as an alternative during the suspended period of time.
What You Need to Know About Breathalyzer Test Results in Texas
A breathalyzer test is one of the most common tools law enforcement uses during DWI stops in Texas. In the video above, Brownsville attorney Michael Gonzalez explains an important fact that many people do not realize: breathalyzer test results are not admissible as evidence in Texas courts. Understanding how these tests work and their limitations can be crucial to your defense if you are facing DWI charges.
Why Breathalyzer Test Results Are Inadmissible in Texas
While police officers frequently administer a breathalyzer test during traffic stops, the results are considered unreliable for court purposes in Texas. These portable devices can produce inaccurate readings due to factors such as calibration errors, medical conditions, and environmental interference. Instead, prosecutors typically rely on blood test results, which are considered more scientifically accurate. However, even blood tests can be challenged by an experienced criminal defense attorney.
Your Rights During a DWI Stop
If you are pulled over and asked to take a breathalyzer test, it is important to know your rights. Texas has an implied consent law, which means that by driving on Texas roads, you have agreed to submit to chemical testing. However, refusing a test can result in an automatic license suspension. The Texas Department of Transportation provides resources on DWI laws and the consequences of both refusal and failure of sobriety tests.
Get Help With Your DWI Case
If you have been arrested for DWI after a breathalyzer test or any other sobriety assessment, attorney Michael Gonzalez can help protect your rights. With years of experience defending clients in Brownsville and the Rio Grande Valley, he knows how to challenge the evidence against you and fight for the best possible outcome. Contact the Michael Gonzalez Law Firm today for a free consultation.