Breath Tests/Intoxilyzer

Sugar Land, Texas, DUI Defense Attorney

The Intoxilyzer 5000 is a breathalyzer machine used by law enforcement to determine the blood alcohol count (BAC) level of a suspected drunk driver. Since alcohol is absorbed into the blood and blood flows through the lungs, alcohol is present in the lung's air sacs if a person has been drinking. The Intoxilyzer 5000 works by measuring the amount of alcohol contained in the breath of a suspect. However, the amount of alcohol will be greater in air samples taken from lower in the lungs where there is a higher concentration of blood. Breaths taken from deep within the lungs will register higher BAC levels than breaths taken from the diaphragm or bronchial tubes. Consequently, how a breath test is administered, as well as how the machine is calibrated, can impact test results. At The David Hunter Law Firm, I have the forensic knowledge and experience needed to undermine DUI charges based on questionable or faulty breathalyzer results.

I have received advanced instruction as a Breath Test Operator for the Intoxilyzer 5000 and am a Certified Instructor in how to properly administer Standardized Field Sobriety Tests. I understand how the Intoxilyzer 5000 works, as well as how — and when — it should be administered. I also understand what can artificially inflate results and effect the ability of the machine to accurately measure BAC.

Don't let a borderline positive reading end in a DUI conviction — contact breathalyzer defense attorney David Hunter today.

Borderline BAC Readings — Why They Should be Questioned

The manner in which a breathalyzer is used can effect its reading. Short, shallow breaths can register less alcohol than deep, prolonged breaths. In cases where a suspect's blood alcohol is near, but below, the legal limit, prolonged, deep breaths may result in a "false-positive" reading. In many instances, police officers know this and are more interested in obtaining a result that accords with their suspicions and need to bring in revenue. Consequently, if an officer instructs a suspect to, "keep taking deep breaths and blow as hard as you can," the results may not be accurate.

Calibration — Determining whether a Breathalyzer can be Trusted

Most breathalyzers are calibrated before they leave the manufacturer. However, like other kinds of machinery, they need regular maintenance and re-calibration. As your attorney, I request the maintenance record and schedule of the Intoxilyzer 5000 used in your arrest. I determine whether there are reasons to believe it was improperly calibrated and whether it received the necessary maintenance required to ensure accurate results.

A Positive Reading Does Not Always Stand up in Court

Since the manner in which a breath test is administered can impact the reading obtained, a positive reading in the field does not always mean an automatic conviction. As a criminal defense attorney who owns an Intoxilyzer 5000 and understands how it should be maintained and used, I have the knowledge to identify mistakes on the part of police that can lead to a dismissal of DUI charges.

To schedule a free consultation to determine if you have a case, contact DUI defense lawyer David Hunter today.