Galveston DWI Lawyer - Breath Test DWI cases

Galveston DWI Lawyer - Breath Test DWI cases

Galveston DWI Lawyer - Breath Test DWI cases

Understanding Galveston DWI Breath Test Cases: How We Fight for Your Defense

At Galveston Criminal Defense and DWI Attorneys PLLC, we know that facing a Driving While Intoxicated (DWI) charge in Galveston can feel overwhelming. A key piece of evidence in many of these cases is the breath test result, often obtained using the Intoxilyzer 9000, the standard breath-testing instrument across Texas. However, the process of admitting this evidence in court is far from automatic. Law enforcement must follow strict protocols, and any misstep can open the door to challenging the evidence. Our firm focuses on examining every detail—from the DIC-24 statutory warning and consent issues to the 15-minute waiting period and the initial traffic stop—to build a strong defense aimed at suppressing evidence and pursuing a dismissal.

The DIC-24 and Consent in DWI Breath Tests

In Texas, when you're arrested for a suspected DWI, the officer is required to read you the DIC-24 statutory warning. This form outlines your rights and the consequences of agreeing to or refusing a breath or blood test under the state’s implied consent law. According to Texas Transportation Code § 724.011, by driving on public roads, you’ve implicitly agreed to submit to such tests if lawfully arrested for DWI. The DIC-24 informs you that refusing a test can lead to a driver’s license suspension—180 days for a first refusal, or two years if you’ve refused before within the past decade.

But here’s where things get interesting: consent must be voluntary. If an officer pressures you into taking the test—say, by implying a warrant is inevitable or exaggerating the consequences beyond what’s in the DIC-24—that consent can be challenged as coerced. For example, telling a driver it’s a “no refusal weekend” and that a blood draw will happen regardless might push someone into agreeing when they otherwise wouldn’t. Courts have ruled that coercion invalidates consent, and we’ve seen cases where this argument leads to breath test results being thrown out. Our attorneys dig into the specifics of your interaction with the officer, reviewing body cam footage or witness statements to uncover any overreach that could undermine the state’s case.

The 15-Minute Waiting Period and Intoxilyzer 9000 Requirements

Even if consent is given, the breath test itself must meet strict standards to be admissible in court. The Intoxilyzer 9000, used throughout Texas, requires precise administration to ensure reliable results. One key requirement is the 15-minute observation period. The Texas Breath Alcohol Testing Regulations mandate that an officer or certified breath test operator remain in continuous presence with you for at least 15 minutes before the test. During this time, they must ensure you don’t eat, drink, smoke, burp, or vomit—anything that could introduce residual mouth alcohol and skew the reading.

Why does this matter? The Intoxilyzer 9000 measures deep lung air (alveolar air) to estimate your blood alcohol concentration (BAC). If mouth alcohol is present, the result could be falsely high. We’ve handled cases where officers rushed the process, failing to document the full 15 minutes or leaving the room briefly, breaking the chain of observation. In one instance, a timestamp discrepancy between a video and the test record showed the waiting period was shortchanged—enough to cast doubt on the result’s validity.

Beyond the waiting period, the Intoxilyzer 9000 must be properly maintained and calibrated. The Texas Department of Public Safety requires monthly inspections and a radio frequency interference (RFI) check each time the machine is put into service. If maintenance logs show lapses or the operator isn’t certified, the test’s accuracy can be questioned. Our team requests these records and cross-checks them against state standards, looking for any failure that could render the evidence inadmissible.

Attacking Reasonable Suspicion for the Traffic Stop

Before a breath test even comes into play, the officer needs a legal reason to pull you over. Under the Fourth Amendment, a traffic stop requires reasonable suspicion—specific, articulable facts suggesting you’re breaking the law. In Galveston DWI cases, this might be weaving between lanes, speeding, or a broken taillight. But what if the stop wasn’t justified?

We scrutinize the officer’s basis for the stop, often starting with dash cam or body cam footage. For example, if an officer claims you failed to signal a turn, but the video shows otherwise, that undermines their credibility. In one case, a client was stopped for “erratic driving” after a citizen’s tip, but the footage revealed steady driving with no traffic violations. Courts have held that reasonable suspicion can’t rest on vague hunches or anonymous tips lacking detail. If we can prove the stop was unlawful, all evidence gathered afterward—including the breath test—can be suppressed under the “fruit of the poisonous tree” doctrine.

Filing a Motion to Suppress Evidence

When we identify issues with consent, the breath test process, or the traffic stop, our next step is filing a motion to suppress evidence. This legal tool asks the court to exclude improperly obtained evidence from trial. In a DWI case, suppressing a breath test result often guts the prosecution’s case, especially if it’s the main proof of intoxication. Texas law places the burden on the state to show the stop, arrest, and test complied with constitutional and statutory requirements. If they can’t, the evidence is out—and without it, dismissal becomes a real possibility.

Take a scenario we’ve seen: an officer skips part of the 15-minute observation, and the DIC-24 was read in a way that pressured the driver into agreeing. We’d argue the test is unreliable and the consent involuntary, while also challenging the stop if the officer’s report doesn’t hold up. A successful motion could mean no BAC evidence for the jury to consider, leaving the state with little to stand on.

Why This Matters for Your Galveston DWI Case

At Galveston Criminal Defense and DWI Attorneys PLLC, we approach every case with a commitment to uncovering these weaknesses. A DWI charge doesn’t have to end in conviction. The breath test process is technical, and officers are human—they make mistakes. Whether it’s a coerced consent, a botched waiting period, or a shaky traffic stop, we’re here to hold the state accountable and fight for your rights.

If you’re facing a DWI charge in Galveston, time is key. You have just 15 days from your arrest to request a hearing to contest a license suspension. Contact us today for a free consultation. Let’s sit down, review your case, and start building a defense that aims for the outcome you deserve—whether that’s suppression of evidence, dismissal, or a not guilty verdict at trial.