People understand that all machines are prone to error. Very few people, if any, would agree that some machines work perfectly all of the time. And yet in Texas DWI or DUI cases, most people believe that if there was a breath test, the case will result in a conviction if it ends up in trial. This is a common misconception. An experienced Houston, TX, DWI and DUI criminal defense attorney can successfully challenge the science behind a breath test.
In Houston, Texas DWI or DUI breath test cases, the machine used will almost definitely have been the Intoxilyzer. A top Houston DWI or DUI attorney will be familiar with the functioning of this machine and know how to best challenge its results. There are several common ways a DUI or DWI lawyer will challenge the results of an Intoxilyzer in a Houston DWI or DWI case. This includes questioning:
-Whether a reading was affected by residual alcohol from a person’s burp that may have interfered with the reading.
-Whether the machine was properly calibrated and functioning normally
-Whether the machine was operated properly by someone trained and certified to use it
-Whether the machine gave similar readings in other tests, suggesting a systemic error
-Whether the breath test slip and other data shows errors or misreadings
The Intoxilyzer is by its nature a highly unreliable piece of equipment and any result should be challenged by an experienced DWI or DUI criminal defense attorney. A Houston DWI and DUI lawyer will want to examine the accompanying date produced at the time of the test, along with other tests given on that particular machine.
If you are arrested for DWI, DUI or any criminal offense, the lawyers of the Houston, TX office of Scheiner Law Group are an excellent choice and can help successfully challenge the results of any chemical test, including a breath test. Call the criminal defense attorneys at the Houston, Texas office of Scheiner Law Group today to schedule a free consultation.