DWI Breath Tests
Like the Standardized Field Sobriety Tests (SFST’s), the breath test is a tool used by the police to strengthen their case. When the police request that you submit to an analysis of your breath at the time of your arrest, you are submitting evidence to be potentially used against you. The tool they use is the Intoxilyzer 5000.
The Intoxilyzer 5000 measures the alcohol concentration in your breath. It uses technology known as infrared spectroscopy wherein a sample of your breath is forced into a chamber and through the path of an infrared beam of light. While the technology is sound, the results are not always legitimate. Therefore, the potential evidence against you will be suspect. We will review the evidence to determine if there are any weaknesses in the use of the breath test and use those faults to strengthen your case.
In an effort to strengthen your particular case, we will exploit the weaknesses of the State’s case. The following are some common issues found with the use of the Intoxilyzer 5000:
• The Intoxilyzer 5000 can only measure the amount of alcohol in a person’s breath at the time the test is taken, not at the time of driving; which is required under the law
• The Intoxilyzer 5000 cannot measure a person’s blood alcohol concentration
• Residual alcohol, i.e., alcohol from the mouth, may interfere with the Intoxilyzer 5000’s ability to measure air deep lung air, known as alveolar air, which is what the machine was designed to detect.
• If a subject’s body temperature is higher than normal at the time of the test, the Intoxilyzer 5000 may measure the amount of alcohol incorrectly because it is calibrated with a sample heated to 34 degrees Celsius
• If the subject blows into the machine longer than required, it can record a higher alcohol concentration than actually present
As you may already know, the legal limit of BAC is 0.08 grams of alcohol per 210 liter of breath. Blowing over the legal limit is a tool used to convict you. However, the facts of your particular case may cause any results obtained by the machine to become unreliable and therefore inadmissible against you.
Allowing us to start on your case as early as possible is key to preparing the best defense for your case. Contact us immediately so we can set your free consultation.
So, if you are looking for a DWI Attorney in Dallas, DWI Attorney in Ft. Worth, DWI Attorney in Plano, DWI Attorney in Denton, DWI Attorney in Garland, DWI Attorney in Mesquite, DWI Attorney in Frisco, DWI Attorney in Irving, DWI Attorney in Richardson, DWI Attorney in McKinney, DWI Attorney in Allen, DWI Attorney in Bedford, DWI Attorney in Euless, DWI Attorney in Hurst, DWI Attorney in Arlington, DWI Attorney in Grand Prairie, DWI Attorney in Grapevine, or anywhere else in the Dallas-Fort Worth Metroplex then please click on the following link to learn more about DWI’s.