If you have a blood alcohol concentration over 0.08%, it is illegal to operate a motor vehicle in the Lone Star State. To measure your BAC, an officer may ask you to submit a breath sample during a roadside stop.
A 2019 investigation by the New York Times revealed that breath tests are not always reliable. Many factors, ranging from the device’s calibration to your diet, may interfere with the accuracy of breath test results. Additionally, if you use a rescue inhaler to control your asthma, you may also fail a breath test.
Alcohol is likely in your inhaler
The manufacturers of asthma medication often suspend their products in alcohol for optimal delivery. When you use your inhaler, some of this alcohol may collect in your mouth, throat or lungs. If you take a breath test, the testing device may measure the alcohol from your inhaler instead of your BAC.
A marginal difference
While the alcohol in your inhaler is unlikely to register above 0.08% by itself, it may make enough of a marginal difference to land you in legal hot water. That is, if you have had a few alcoholic beverages, the alcohol from your inhaler may push your BAC over the top.
Your legal defense
A DWI conviction often includes many legal and life consequences. To avoid these, you probably want to defend yourself aggressively against DWI charges. Attacking the validity of breath test results may be a critical component of your overall defense.
Put simply, if your positive breath test was due to your inhaler usage, you may be able to avoid criminal liability altogether.
