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Operating a motor vehicle with a blood alcohol content (BAC) of .08% or higher could result in an Austin driving while intoxicated (DWI) arrest. In order to determine a driver’s BAC, the officer may administer a breathalyzer test. This test analyzes the amount of alcohol in the driver’s breath to calculate the amount of alcohol in the bloodstream.
While a breathalyzer test is a scientific method of determining BAC, it is not without its flaws. Many DWI defense lawyers have received training on these breathalyzer machines and can point out the flaws with the administration of the test or the machine itself. Therefore, if you were arrested after failing a breathalyzer test, there is still hope. Many Austin breathalyzer defenses can be used to help your DWI case.
Breath Testing May be Inaccurate
Breath tests have the potential to produce false readings. Most breathalyzer machines assume that there is a 2100:1 ratio of blood to breath in a person’s body; however, this ratio does not apply to everyone. If a person has a lower ratio than the standard ratio used on breathalyzer, his or her breath test results will be inflated.
The temperature of the breath sample must be at 34 C during administration of the breath test. Even if the temperature of the sample is 1 degree above this, the reading may be inflated by as much as 7%.
Some medical conditions can affect the results of a breath test. Intestinal problems, hiatal hernias, or gastric reflux could lead to errors on the test. Dental work can also trap alcohol in the mouth, inflating the results.
Law enforcement agents are supposed to watch the driver for at least 15 minutes before administering the blood test to make sure he or she doesn’t vomit. Both vomiting and belching could affect the test results.
Even something as innocent as a high protein diet could lead to a higher BAC reading. When a person is on a high protein diet, he or she will go through ketosis, which converts ketones into isopropyl alcohol.
Hire Qualified DWI Defense Attorneys
As you can see, there are a number of factors that could affect your Austin breathalyzer test. We have successfully handled a number of Travis County arrests that were based on the results of this test.