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breath tests are not reliabble
How to Challenge Breath Test Results
I aim to provide you with valuable information about the Intoxilyzer test, its reliability, and the existing research and evidence that questions its accuracy. My goal is to help you make informed decisions if you are facing a DWI charge and are concerned about the test's validity.
What is the Intoxilyzer Test?
The Intoxilyzer test is a commonly used method for measuring a person's blood alcohol concentration (BAC) to determine their level of intoxication. It is often administered during traffic stops and requires the individual to blow into a breathalyzer device, which analyzes the breath sample for alcohol content. Law enforcement officers rely on these results to establish probable cause for a DWI arrest.
The Reliability Debate:
While the Intoxilyzer test is widely accepted as a means to measure BAC, there are ongoing debates about its reliability and accuracy. Critics argue that these tests can produce false positives or inaccurate readings due to various factors, including:
- Instrument Calibration: Regular calibration is crucial for maintaining the accuracy of the Intoxilyzer machines. However, errors can occur if the devices are not calibrated correctly or if there is a lack of oversight in the calibration process.
- Environmental Interference: Environmental factors, such as radio frequency interference or the presence of volatile substances, can potentially affect the accuracy of the Intoxilyzer test results.
- Physiological Differences: Individual physiological differences, such as body temperature, breathing patterns, and medical conditions, can influence the accuracy of breathalyzer tests. These differences may result in false positives or higher BAC readings than the person's actual intoxication level.
- Interfering Substances: Substances like mouthwash, breath fresheners, or even certain medical conditions (e.g., acid reflux) can interfere with breathalyzer results, potentially leading to false positives.
- Operator Error: Mistakes made by law enforcement officers during the administration of the Intoxilyzer test, such as not following proper procedures or failing to observe the required waiting period, can compromise the accuracy and reliability of the results.
Research and Evidence:
Over the years, various studies and legal challenges have raised concerns about the reliability of the Intoxilyzer test. Some notable points to consider include:
- Studies on Mouth Alcohol: Research suggests that residual alcohol in the mouth can significantly impact breathalyzer readings, leading to false positives. Factors such as regurgitation, dental work, or the use of mouthwash can contribute to elevated BAC readings.
- Challenges in Court: Numerous court cases have challenged the reliability of Intoxilyzer test results, pointing to issues such as faulty calibration, lack of maintenance records, and insufficient training of law enforcement officers.
- Expert Testimony: Knowledgeable experts in the field of forensic toxicology can testify about the potential inaccuracies associated with breathalyzer tests, providing additional evidence to question the reliability of Intoxilyzer results.
Your Defense:
As an experienced DWI lawyer in McAllen, Texas, we understand the complexities surrounding DWI charges and the role of the Intoxilyzer test in your case. We are well-versed in the latest research and evidence that questions the reliability of breathalyzer tests. With our expertise, we can develop a strong defense strategy tailored to your unique situation, challenging the Intoxilyzer test results and advocating for your rights.