Unreliable Alcohol Breath Test (“Breathalyzer”) Readings Rejected

A Texas state appellate court ruling, known as the "Stewart case," has caused questionable breath test estimates to be thrown out of courtrooms in 32 South Texas counties.

Civil libertarians and civil rights supporters have praised the Stewart case for not permitting questionable test estimates to be used to convict individuals who may be innocent.

The court held that authorities must provide evidence that a person's blood alcohol content (BAC) was at an illegal level at the time the person was driving.

It is very important to remove drunk drivers from the road, but innocent people shouldn't be victimized in the process. It’s very frustrating, but the alternative is living in a police state.



  • Rodriguez, I. San Antonio Express-News, 6-7-03

Filed Under: Driving Breathalyzer