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Grant M. Scheiner - Houston Criminal Defense Lawyer

More Evidence That Breath Test Evidence is Unreliable

The Los Angeles Time reported last week that Ventura County, California, will remove 125 machines from service after uncovering faulty readings from many of the machines. The machines – which use similar technology to machines used in Texas and Harris County DWI and DUI cases – contained a design defect that made results unreliable.

The District Attorney’s Office in Ventura County appears to be doing the right thing and working to ensure that anyone wrongly convicted has his conviction overturned. But for many – if not most – this will be too little, too late. Many falsely accused will have already done jail time, paid thousands of dollars in fines and fees, and gone though the unimaginable agony and frustration of being falsely accused of a crime.

Unfortunately, errors such as these are all too common with breath test machines. Every week, it seems, a similar scandal is uncovered. But what about the errors that are not uncovered? Do we really feel justice is served by convicting an individual on the basis of one of these error-prone machines?

The fallibility of breath test evidence highlights the need to hire and experienced DWI or DUI attorney to defend you if you are arrested and provide a breath sample to police. A top Houston or Texas, DWI or DUI lawyer will understand the technology behind breath testing machines and will be able to attack the State’s case, including their “scientific” evidence.