Challenging Breath Tests

Were you asked to take a breath test after a traffic stop? Did the test results show a blood alcohol concentration (BAC) of .08 or greater? Rest assured that this is not airtight evidence. This evidence can be challenged and your DWI charge can be fought.

At The Law Office of Kelly F. Pittl in San Antonio, Texas, we know that a good drunk driving defense strategy begins with reviewing the breath test evidence. We will look for equipment flaws, procedural flaws and any other flaws that could result in the evidence being thrown out. If possible, we will seek to have your case dismissed for lack of solid evidence.

Where Breath Tests Go Wrong

Breath test machines are sensitive. They need to be properly maintained and calibrated. When appropriate, we will request records of maintenance and calibration. If those records show that the machine used was not maintained and calibrated in accordance with the manufacturer's guidelines, we will challenge the validity of the test results.

There is a right way and a wrong way to use breath test machines. We will check to verify whether the arresting officer was trained and certified on the use of the machine. We will review the process that was followed to determine if any steps were missed that could have skewed the results of the test. All too often, we find that the machine may have been calibrated and maintained correctly, but was misused by the arresting officer. If so, we will request that the results be thrown out, which will give us an advantage in the case.

Did You Refuse The Breath Test?

Breath test refusal can lead to immediate driver's license suspension and potentially other penalties. If you refused to take a breath test, you may still have options. A lawyer can help you understand what they are. We can help you determine the steps that can be taken to reduce the impact that refusing a breath test has on your life.

Contact Us For A Free Consultation About Breath Tests

Call 210-675-9183 or email. Enlist an experienced attorney to help you fight DWI charges, regardless of the results of your breath test.