Call Today for a Free Consultation


Are You Automatically Convicted of DWI if You Fail a Breathalyzer in Texas?

 Posted on March 15, 2023 in Criminal Defense

tarrant county dwi defense lawyerWhile each case is different, most DWI arrests follow a predictable pattern: The driver sees red and blue flashing lights in his or her rearview mirror and pulls to the side of the road. Police request his or her license and insurance and ask a series of questions. Usually, one of these questions is, "Have you been drinking?"

If the driver answers affirmatively or the police officer suspects that the driver has consumed alcohol, the officer conducts a Driving While Intoxicated investigation.   If the driver is arrested for driving while intoxicated (DWI) the driver will be asked to provide a sample of breath or blood.  

Many people who have failed a breath test have questions about what happens next. They wonder whether they will automatically be convicted of DWI or if there is any way to fight the charge.

Fighting a DWI Charge with a Failed Breath Alcohol Test

There are two main categories of breath alcohol tests used in Texas. The portable breath test carried by police officers for traffic stops is a preliminary breath test. The portable breath test establishes probable cause for a DWI arrest. Once the driver is taken to the police station, they are requested to take the “official” breath test.  The results of the test at the station can be used as evidence in court.

It is important to note that even if you fail the breath test, you are not automatically convicted of DWI. A DWI charge is just that - a charge. You may have been able to fight the charge by questioning the evidence against you. Breath tests are not infallible. Issues with the test may lead to unreliable results.

Breath test results may be unreliable if:

  • The device had not been recently calibrated.

  • The device was faulty or malfunctioned.

  • The test was incorrectly administered.

  • The breath sample was contaminated.

  • The device had not been adequately cleaned or maintained.

An experienced DWI attorney can review the evidence and look for ways to challenge the breath alcohol test results. If successful, this could result in an acquittal or even a dismissal of charges.

Contact Fort Worth DWI Defense Lawyer Craig Dameron

Problems with a breath test can lead to false positives. If you or a loved one were arrested for driving while intoxicated, you might be able to successfully fight the charges and avoid a criminal conviction and the associated penalties. Contact our skilled Tarrant County DWI defense attorney for personalized legal assistance and representation. Set up a free consultation by calling 817-222-0624.


Share this post:
Back to Top