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Question: What are some ways you can contest the breath test results in Texas?

Answer: What we look at, whenever we have a breath test case, is we look at the individual and we look at the machine. We look at the individual to see if there’s anything specific about that person that could cause the breath test to come into question. Some of the things that we look at is whether the person has acid reflux; we look at whether they have indigestion or heartburn that’s likely a cause. And if they have those symptoms, very often we send them to the doctor to have that checked out. We also explore dental work.

We’re looking for any place that alcohol can be trapped that will escape in a breath test and give us an unreliable reading. Then we look at the machine: we look at the maintenance records of the machine; we look for any problems that they might have had with the machine for the six months before, or six months after. We also look at all the tests, both before and after our client provided a breath sample, looking to see if there are any patterns. If there were a lot of problem scores or unreliable scores, then that gives us a sign that there may be something wrong with that machine and that we can explore that further.

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