Getting arrested for DWI can feel like the end of the road, especially if you blew over the legal limit on a breathalyzer. It’s natural to feel defeated and assume the case is closed, but that’s not always the case.
You might be feeling overwhelmed, confused or even hopeless right now. But failing a breath test doesn’t mean you’re out of options. Understanding what a breathalyzer really is and the ways it can fail can help prepare you to take the next steps to defend your future.
What is a breathalyzer, and what are your options
A breathalyzer is a device used to determine your blood alcohol concentration (BAC). In Texas, you’re considered legally intoxicated when your BAC reaches 0.08 percent. However, breathalyzers are not foolproof. Like any device, they can malfunction, be improperly calibrated or used incorrectly by officers. In some cases, medical conditions or certain substances like mouthwash can even cause false positives.
It’s also important to remember that a breath test is just one piece of the evidence. The officer’s observations, how the traffic stop was conducted and whether your rights were respected all matter. If any part of the process was flawed, such as an unlawful stop or inaccurate field sobriety testing, it could weaken the case against you.
You still have the legal right to challenge the charge and defend yourself. A failed breath test may seem like a dead end, but it’s not always the final word. With the right strategy and support, it’s possible to reduce the charges.
If you’re unsure of what steps to take next, talking to someone who understands the system can make all the difference. The sooner you get legal guidance, the more options you have to protect yourself and your future.
