What You Need to Know from a Local DWI Defense Lawyer
If you’ve been arrested for DWI in Leon Valley, chances are you were asked by police to take a breathalyzer test during the stop or after arriving at the station. While the results of this test can carry serious weight in a court of law—often used by prosecutors to prove legal intoxication—they are not foolproof. Breathalyzer tests are subject to human error, machine malfunction, and questionable procedures, all of which can impact their reliability and admissibility in court.
At Ried Pecina Trial Lawyers, we provide aggressive DWI defense for individuals facing drunk driving charges in Leon Valley and across the greater San Antonio area. We know how to challenge questionable breath test results, uncover errors in law enforcement protocol, and push back against weak or misleading evidence. If you’re facing a DWI charge based on breathalyzer results, don’t assume the case is open-and-shut. We’re here to protect your rights and fight for your freedom.
What Is a Breathalyzer and How Does It Work?
A breathalyzer is a device used by Leon Valley police officers and Bexar County law enforcement to estimate a driver’s blood alcohol concentration (BAC) by measuring alcohol levels in their breath. In Texas, you’re legally intoxicated if your BAC is 0.08% or higher. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable alcohol can result in a charge.
Can You Refuse a Breathalyzer in Leon Valley?
Yes, but there are serious consequences.
Under Texas’s implied consent law, if you’re lawfully arrested for DWI in Leon Valley, you are legally obligated to submit to a breath or blood test. Refusing to take a breathalyzer doesn’t mean you’re off the hook—it may actually make things more complicated.
If you refuse:
- Your driver’s license will likely be suspended—typically 180 days for a first refusal, and longer for repeat offenses.
- Your refusal can be used as evidence against you at trial, suggesting you were attempting to hide your intoxication.
- Law enforcement can still obtain a warrant to draw your blood, especially if there’s probable cause to believe you were intoxicated.
While refusing a breath test might limit the evidence available to the prosecution, it won’t prevent arrest and can still lead to significant legal and administrative penalties—even if you’re never convicted of DWI.
If you’ve refused a breathalyzer in Leon Valley, contact a skilled DWI defense attorney immediately to protect your license and build a strong defense.
Common Problems With Breathalyzer Tests in Leon Valley
Breathalyzer results are not always reliable. In many Leon Valley DWI cases, our attorneys challenge the accuracy of the test based on:
- Improper calibration or maintenance
- Officer error or lack of training
- Medical issues like GERD or diabetes
- Residual mouth alcohol from recent drinks, mouthwash, etc.
- Delayed testing, which can inflate BAC
We regularly investigate the test records, certification logs, and body cam footage to build strong DWI defenses.
Failed a Breathalyzer Test in Leon Valley? Here’s What Happens
If your breath test shows a BAC of 0.08% or higher, you may face:
- First-time DWI: Up to 180 days in jail, up to $2,000 fine, license suspension, court-ordered classes
- Second offense: Up to 1 year in jail, $4,000 fine, ignition interlock device
- Felony DWI (3rd or more): Up to 10 years in prison, $10,000 fine, long-term license revocation
Even if you blew over the legal limit, you are not automatically guilty. Breath tests are just one piece of evidence—and they can be wrong.
Breath Test vs. Blood Test: What Leon Valley Drivers Should Know
In some cases, police may skip the breathalyzer and go straight to a blood draw, especially if:
- You were involved in an accident
- You refused the breath test
- You have prior DWI convictions
Blood tests are more invasive, but also more scientifically reliable—making them easier to challenge based on chain of custody, contamination, or lab errors.
Local Insight: DWI Arrests in Leon Valley
Leon Valley is patrolled by its own municipal police department, and DWI arrests often occur along Bandera Road, Evers Road, or Loop 410. Breathalyzer machines used in Leon Valley may differ from those in other Bexar County jurisdictions. Our attorneys know the procedures specific to this area and how to identify errors that could lead to reduced or dismissed charges.
Call (210) 893-0000—Leon Valley DWI Lawyer for Help Now
At Ried Pecina Trial Lawyers, we aggressively defend Leon Valley residents facing DWI charges. Whether you refused the breathalyzer or blew over the legal limit, we will examine every detail and fight to protect your license, your record, and your freedom.
Call (210) 893-0000 now or
Schedule your consultation online
We serve clients in Leon Valley, San Antonio, Helotes, Balcones Heights, and surrounding Bexar County areas.
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