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If you are arrested for DWI in Texas, the fallout of being found guilty can be swift and severe. So before you go to court to defend yourself, it is imperative that you understand all the things that can affect your guilty verdict. If you failed a breathalyzer test, that doesn’t automatically make you guilty. Several factors can alter a breathalyzer test’s reliability. Knowing what they are can help you to build a winning defense.

Can Body Temperature Affect a Breathalyzer Test’s Reliability?

Most people who have a high fever aren’t going to get behind the wheel of a car and drive. However, this does happen occasionally. If you fail a breathalyzer test, your temperature might have had something to do with the reliability of the test. The legal blood alcohol concentration (BAC) limit in Texas is .08%. However, your body temperature can significantly affect your BAC reading.

Why Your Body Temperature Matters

Breathalyzers are calibrated by using the average temperature of a person. But they don’t take any variations into account. The machine works by measuring the ratio of a person’s breath-alcohol and blood-alcohol levels. However, if you have a higher than average body temperature, it might affect the measurement of the test. According to an article in the Michigan Bar Journal, just a 1.8-degree rise in your body temperature can make a breathalyzer read as much as 7% higher. Since your body temperature can fluctuate throughout the day, especially if you’re sick, it can throw off a breathalyzer test’s results.

Not All Tests Are Correct

Imagine that you’ve had a drink or two and decide to get behind the wheel of a car because you don’t believe yourself to be intoxicated. If your body temperature is high, that can push your limit higher and make it so that you are classified as legally intoxicated according to the law. That doesn’t mean that you actually are. It just means that there is an error in the breathalyzer test’s reliability.

Questioning the Reliability of a Breathalyzer

If you took a breathalyzer test and failed, there are ways that you can argue that you weren’t legally intoxicated due to the unreliability factors inherent to a breathalyzer test. But to do so, you need a professional DWI lawyer. Find a DWI attorney who knows what can and cannot affect a breathalyzer test to argue your case. If you have failed a breathalyzer test, contact Stephen T. Bowling. He knows how to argue an effective defense against a conviction.

Principal Office:
816 Congress Ave, Suite 950
Austin, Texas 78701