Managing Attorney
If you were arrested for DWI in Houston, the breath test results play a significant role in the prosecution’s case against you. However, breath tests are not always accurate, and in some cases, the results can be challenged and suppressed—meaning they cannot be used against you in court. Understanding the legal grounds for suppressing a breath test can be crucial in beating a DWI charge and protecting your future against the consequences of a Texas DWI.
Grounds for Suppressing a Breath Test in a Houston DWI Case
Under Texas law, there are several legal and procedural reasons why a breath test might be inadmissible in court. If your DWI attorney can prove any of these violations, the breath test results may be thrown out – possibly dealing a fatal blow to the prosecutor’s case.
1. Failure to Follow the 15-Minute Observation Rule
Texas Breath Alcohol Testing Regulations require that the breath test operator observe the subject for at least 15 minutes before administering the test. This observation period ensures that the suspect does not:
- Burp or regurgitate, which could cause mouth alcohol contamination.
- Chew gum or tobacco, which can alter the results.
- Drink or place anything in their mouth that could interfere with the test.
If the officer left the room, failed to properly observe the suspect, or the DWI video contradicts the officer’s report, the breath test may be suppressed due to improper procedure.
2. The Breath Test Was Not Voluntary
Texas law requires that a suspect voluntarily consent to a breath test. A suspect cannot be forced or coerced into taking the test. If the officer pressured, misled, or failed to properly advise the suspect of their rights under Texas Transportation Code §724.015, the test results may be inadmissible.
In a recent case, our office represented a young man who was told by the police that he would face a charge for “not cooperating with the police” (there is no such charge), if he did not agree to a breath test. This breath test was suppressed at trial and the case was dismissed.
3. The Breath Test Machine Was Not Properly Maintained or Calibrated
The Intoxilyzer 9000, the breathalyzer machine used in Houston DWI cases, must be:
- Regularly calibrated to ensure accuracy.
- Properly maintained, with detailed records kept.
- Checked for software or mechanical errors that could produce false readings.
If maintenance logs show irregularities or a technical supervisor admits the machine was not properly calibrated, a motion to suppress can be filed, as the State must prove that evidence is reliable before it is admissible.
4. Violation of Your Constitutional Rights
If the officer lacked probable cause for the traffic stop or the arrest itself, any evidence obtained after the unlawful stop (including the breath test) may be suppressed under the Fourth Amendment. Common constitutional violations include:
- No reasonable suspicion for the traffic stop.
- Improperly conducted field sobriety tests that led to the arrest.
- Failure to read the required DWI warnings before administering the breath test.
If a court finds your arrest was unlawful, the breath test cannot be used as evidence against you.
How a Houston DWI Lawyer Can Fight to Suppress Your Breath Test
If you’re facing DWI charges in Houston, an experienced DWI defense attorney can file a motion to suppress the breath test based on violations of Texas law and procedural errors. Here’s what the legal process looks like:
Step 1: Review the DWI Arrest Video and Police Reports
Your attorney will carefully analyze:
- The officer’s body cam and dashcam video for procedural mistakes.
- The police report for inconsistencies in how the breath test was administered.
- The breath test machine’s maintenance logs for calibration errors.
Step 2: File a Motion to Suppress the Breath Test
If any violations are found, your attorney will file a motion to suppress, arguing that the breath test should not be admissible in court due to errors, coercion, or constitutional violations.
Step 3: Challenge the Evidence in Court
During the suppression hearing, your lawyer may:
- Cross-examine the breath test operator and technical supervisor.
- Present video evidence showing improper procedures.
- Argue that violations of Texas DWI laws make the breath test results unreliable.
If the judge grants the motion, the breath test results cannot be used against you, making it much harder for the prosecution to prove intoxication.
Why Suppressing the Breath Test Can Help You Beat a DWI Charge
If your breath test is suppressed, the prosecution loses one of its strongest pieces of evidence. This can result in:
- The DWI charges being reduced or dismissed.
- A better plea deal, such as a non-DWI offense.
- A stronger case at trial, forcing the state to rely only on officer testimony and field sobriety tests, which are often subjective and unreliable.
Charged with a DWI in Houston? Get a Free Consultation
If you were arrested for DWI in Houston, don’t assume the breath test results automatically mean a conviction. Many breath tests are flawed, and a skilled Houston DWI lawyer may be able to get them suppressed.
At Ceja Law Firm, we have successfully challenged and suppressed breath test evidence for DWI clients, leading to dismissals and reduced charges. Attorney Jose Ceja is Board Certified in Criminal Defense by the Texas Board of Legal Specialization, a distinction earned by only a small percentage of Texas attorneys and is recognized as a Texas Super Lawyer. Call us today for a free consultation and let us fight to protect your future.
