Galveston DWI Attorney - Breath Tests and how to beat them.
Understanding DWI Breath Tests: Insights from Galveston Criminal Defense Attorneys
When it comes to DWI cases, breath tests are often a focal point of the investigation and trial. Understanding the nuances of these tests can be crucial for anyone facing such charges. As experienced Galveston criminal defense attorneys, we aim to provide clarity on the two primary types of breath tests used in DWI cases: the Portable Breath Test (PBT) and the Intoxilyzer 9000.
The Portable Breath Test (PBT)
The PBT is a small, handheld device used by law enforcement officers at the roadside. It typically comes into play after an officer conducts field sobriety tests, such as the walk-and-turn, the horizontal gaze nystagmus, and the one-leg stand. The officer may ask you to blow into the device to get an initial reading of your blood alcohol content (BAC). However, this test is not admissible as evidence in court.
It’s important to note that officers usually resort to the PBT when they’ve already decided to arrest you or are looking for additional justification to make an arrest. For this reason, it’s generally advised not to take a portable breath test. The results are not definitive, and refusing this test often has no legal repercussions.
The Intoxilyzer 9000
The Intoxilyzer 9000 is a more sophisticated breath testing instrument used at police stations or jails. Unlike the PBT, its results are admissible in court, provided the test is conducted under proper conditions. Here’s what you need to know:
Fifteen-Minute Observation Period: Before administering the test, the officer must continuously observe you for 15 minutes to ensure you don’t belch or burp, which could artificially inflate the BAC reading. If this protocol isn’t followed, the test results could be challenged in court.
Alveolar Breath Measurement: The Intoxilyzer 9000 aims to measure deep lung air (alveolar breath), which reflects the alcohol content in your blood. Any deviation from proper procedures can impact the accuracy of the test.
Instrument Calibration and Maintenance: The machine must be regularly calibrated and maintained. The technical supervisor, often from the Department of Public Safety, is responsible for ensuring the instrument’s accuracy. If calibration records or maintenance logs show discrepancies, this could weaken the prosecution’s case.
Testing Process: The Intoxilyzer 9000 performs two breath tests to ensure consistency. The results must fall within a specific range of each other, and the machine uses air blanks between tests to clear residual alcohol. Failure in any of these steps can call the results into question.
Lack of Transparency: The exact process by which the Intoxilyzer calculates BAC is a proprietary trade secret. This means that individuals convicted based on these results have been judged by a system that is not fully disclosed to the public or legal professionals.
How to Challenge Breath Test Results
As Galveston criminal defense attorneys, we analyze every aspect of the breath testing process to identify potential flaws. Key areas of examination include:
Observation period compliance
Calibration and maintenance records
Operator and technical supervisor qualifications
Procedural adherence during the test
If any of these factors are compromised, the breath test results can be excluded from evidence, significantly weakening the prosecution’s case.
Final Thoughts
Breath tests, while commonly used in DWI cases, are far from infallible. Understanding their limitations and procedural requirements is essential for mounting an effective defense. If you have questions about a DWI case or breath test procedures, reach out to a qualified Galveston criminal defense attorney. Remember, this information is for educational purposes only. If you’re facing legal issues, consult an attorney to address your specific situation.
For more insights or assistance, contact our office. We’re here to help you navigate this challenging time.
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