A question commonly asked of us is “Should I Submit to an Intoxilyzer Machine Breath Test?” In a word….no. You should not take a breathalyzer test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error. Simply put, if the machine is not calibrated correctly, it may measure the alcohol in your blood incorrectly. When that happens, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. However, I would advise telling the police that you will take the test they want to give you in the presence of your attorney.
Want to know more information on DWI defense in Texas? Feel free to visit our Houston DWI website or call our office for more information. David Breston practices Galveston DWI Defense.
