Refusing the Texas DWI Breath Test


Since Texas does not require a lawyer to be contacted before you decide whether or not to take a breath or blood test, this can be a confusing question for many Texans. Breath tests are not always accurate so it may not be in your best interest to submit to testing.

Defending Your Breath Test Results

Did you know that there are many factors that can contribute to a breath test machine’s accuracy? For example, if you had taken cough syrup for a cold or used a breath mint, this can cause the machine to register a reading! And like any other machine ever created, there is always going to be mechanical problems. What if your machine was not working properly at the time you took the test? Police officers must also be properly trained on how to administer the breath test. If they did not give the breath test accurately, how can you be sure your results are right? All of these reasons and more are weaknesses in the breath test – and I’ll expose them if I find them.

Implied Consent

The State of Texas has a right to ask you to take a breath test because of a little law known as Implied Consent. Under this law, if you have a driver’s license in Texas, you’ve already impliedly consented to submit to a chemical test if asked properly by police.

How Does the Breath Test Work?

This is a bit of a mystery because the software program is protected under copyright laws. What we do know is that the machine is designed to detect your blood alcohol concentration and it is illegal to have a BAC of .08% or more in Texas.

Attorney Ken Gibson is well aware of how to use this breath test machine and even two of them himself. He has been trained on how to operate this machine and is quite aware of its capabilities and faults.

Contact Ken Gibson today for a FREE case evaluation.
DWI Case Evaluation in TX