Larry P. McDougal
Larry P. McDougal - Attorney at Law
Richmond, Texas
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3 reasons you should fight a Breathalyzer

You had a little to drink while you were out with your friends. You had a guy's night out, so it's expected that you'd all want to have a good time. You knew you didn't have enough to be over the legal limit, so you decided to drive home. You even waited an hour before leaving to give your body extra time to expel alcohol, so you'd be able to drive safely.

Despite all this, you were stopped by police because of passing through a stop sign accidentally. Now, the officer wants you to take a breathalyzer test. You agree, because you know you aren't over the limit. Unfortunately, the test comes back positive.

How is that possible?

Breathalyzers aren't always accurate. They have to be calibrated, and tests require accurate measurements taken by a trained professional. If any part of the test was faulty, your results will come back incorrect. Here are three reasons you should fight the test results.

1. You didn't blow on the test long enough

Cutting the time you blow into the breathalyzer short can cause problems. Not blowing long enough has the potential to misread the amount of alcohol being dispelled in your breath. Additionally, if you have gastroesophageal reflux disease (GERD) or acid reflux, it's possible that those conditions will throw the test off. Even burping gives false positives.

2. The machine wasn't calibrated

It's a good idea to question the test if the results seem extremely inaccurate. You can ask the officer to give it to you a second time, too. If the second result comes back negative when the first was positive, or if both come back positive but with extremely different levels, it's time to question the calibration and accuracy of the machinery.

3. You didn't drink

Another good reason to question the test results is if you hadn't drank any alcohol but still have a positive breath test. While certain medical conditions might cause this discrepancy, it's also a sign that either the officer doesn't know how to give the test or that the m achine is inaccurate. If you are arrested, you can ask for a second test at the police station and speak to your attorney about the discrepancies you saw.

Your attorney can help you understand the best defense for a DWI, so you can protect yourself against unfair bias and allegations. Your reputation is on the line, so it's wise to take all the precautions you can to keep yourself from getting a conviction.

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