The Truth about Alcohol Breath Tests in Texas
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 alcohol breath tests are administered, as well as how the machine is calibrated, can impact results. At The David Hunter Law Firm in Sugar Land, Texas, I have the forensic knowledge and experience needed to undermine DUI charges based on questionable or faulty alcohol breath tests.
As a preeminent Fort Bend breathalyzer defense lawyer, 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 the results of alcohol breath tests and affect the ability of the machine to accurately measure BAC.
Don't let a borderline positive reading end in a DUI conviction — contact breathalyzer defense lawyer David Hunter today using the form on the right.
Borderline Readings on Alcohol Breath Tests — Why They Should be Questioned
The manner in which a breathalyzer is used can affect 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 of these alcohol breath tests 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 breathalyzer defense lawyer, 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 take accurate alcohol breath tests.
A Positive Reading Does Not Always Stand up in Court
Since the manner in which alcohol breath tests are administered can impact the reading obtained, a positive reading in the field does not always mean an automatic conviction. As a breathalyzer defense lawyer 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 breathalyzer defense lawyer David Hunter today using the form on the right. Or, learn more about alcohol breath tests in Fort Bend County, Texas.