What is the Blood and Breath Testing Myth?
As discussed earlier this series, there are many intricacies involved in the DWI laws in Texas. Defense attorneys in Houston often hear client stories that could have been prevented if the person had a clearer understanding of the law. No where is this more true than with the blood and breath testing myth.
The Blood and Breath Testing Myth
We are fortunate to live in a country where we have a right to a public DWI trial by a jury of our peers. Most people are familiar with the fact that the legal BAC limit in Texas is .08, but they are unaware that:
- this measurement is only applicable to the “time of driving.”
- in breath test cases, police destroy the breath sample provided so that it cannot be rechecked if there is a question about its accuracy.
- the Texas breath test machines were never warranted fit by their manufacturers to be accurate or reliable for human testing.
All of these factors contribute to the breath testing myth.
Flawed police testing
You should know that the breath test machines are based upon the so-called “average person.” Blood testing is also inaccurate considering the variety of contaminates in the police forensic laboratories. Plus, the labs test the air above the blood and never the blood directly.
Breath and blood testing are almost never done at the time of driving but sometime later. Science tells us that a subsequent breath or blood test yields 3 possibilities: the test result can be the same BAC as the time of driving, higher than the time of driving, or lower than the time of driving. That said, many police and prosecutors would automatically convict on a test result of .08 BAC or more. But, returning to the beginning of this section, our DWI lawyers in Houston believe that we are fortunate to have the right to let a jury decide whether to believe the breath/blood test evidence.
Be sure to check out the other DWI Myths:
If you’ve been arrested for DWI and need to mount a strong defense, call us 24/7 to speak to an attorney and schedule a free consultation.