Both breath and blood testing for DWI can produce faulty results. Unless you challenge the tests, you could end up behind bars.
No matter how persuasive this evidence may seem, it does not guarantee a guilty verdict. Before you make any decisions about your drunk driving charges, talk to a breathalyzer and blood test defense lawyer in Allen to explore your options.
Common Problems with Breathalyzer & Blood Testing for DWI
In Allen and throughout Texas, the police use breathalyzer and blood testing to determine the blood alcohol concentration (BAC) of drunk driving suspects. The familiarity of these tests—and the perception that the results present an accurate representation of the suspect’s level of intoxication—allow prosecutors to regularly obtain DWI convictions.
Unfortunately, both of these chemical testing methods have multiple vulnerabilities that can produce false-positive results.
When the police arrest you for drunk driving, they select the BAC testing method for use in your case. The three available chemical testing options are:
- Breathalyzer testing
- Blood testing
- Urine testing
In Allen, the police typically choose breathalyzer testing because a technician at the police station can administer the test. In some cases, officers may request blood testing instead.
Breathalyzer testing provides multiple opportunities for mistakes and inaccurate results. Those include:
- Improper calibration of testing equipment
- Improper maintenance of testing equipment
- Insufficient operator training
- Lack of operator certification
- Insufficient supervision
- Improper administration of breath testing
In addition to these potential vulnerabilities, multiple factors can affect the test results, leading to false-positive readings. These include:
- Prescription drugs (diabetes medications, asthma inhalers etc.)
- Over-the-counter medications (sore throat spray, cough syrup, etc.)
- Chewing gum
- Breath spray
- Sugar substitutes
Factors that may lead to blood testing errors include:
- Improper sample collection
- Improper sample testing
- Improper sample storing
A breathalyzer and blood test lawyer in Allen from the Law Offices of Randall B. Isenberg can analyze your testing and challenge the results, potentially helping you avoid a conviction based on inaccurate testing.
Legal Strategies for Challenging Blood & Breathalyzer Test Results
A breathalyzer and blood test lawyer in Allen at the Law Offices of Randall B. Isenberg can analyze the evidence in your DWI case and identify any potential challenges that could invalidate BAC testing results.
Challenges to Breathalyzer Testing
In Allen, the police typically use Intoxilyzer 5000 systems for breath testing. The police department must regularly calibrate, test, inspect, and test the equipment. The operator must have mandated training and qualified supervision. Before testing you, the operator must test the equipment and administer the test twice to verify the reading.
Any deviation from these standards and requirements can provide an opportunity for our legal team to challenge the results. Likewise, we can challenge the results if you used any product or substance that could cause inaccurate results.
Challenges to Blood Testing
Any facility that provides blood testing for BAC must have the proper accreditation and certifications necessary to draw and analyze your blood sample. The technician who draws and processes the sample must also carry the proper credentials.
In addition to challenging the equipment or methods used for testing, our legal team may also challenge the legality of administering chemical BAC testing. Consequently, even if the BAC test results have validity, we may successfully have that evidence disqualified for use in your case.
Challenging the Legality of Breath or Blood Testing for BAC
Our legal team will obtain and analyze all evidence related to your case, to identify procedural errors or legal rights violations the police may have committed.
Some of the most common reasons for challenging the legality of BAC testing include:
Lack of Reasonable Suspicion
The police must establish a reasonable suspicion that you broke the law before pulling you over. Without reasonable suspicion, we may successfully have any evidence they subsequently obtain—including BAC testing results—declared inadmissible in your case.
Lack of Probable Cause
Before the police can place you under arrest and administer BAC testing, they must establish probable cause of your impairment. Typically, officers accomplish this through the use of field sobriety or portable breathalyzer testing.
Strict standards and guidelines apply to these tests. Failure to follow established procedures and guidelines can invalidate subsequent evidence, including breathalyzer and blood test results.
Failure to Advise You of Your Rights
Officers must both read and present you with a written copy of your legal rights. If they fail to follow this procedure, the court may rule that your arrest lacked a legal basis.
Benefits of Working With a Breathalyzer & Blood Test Lawyer in Allen
The Law Offices of Randall B. Isenberg will evaluate all evidence in your case to identify these or other weaknesses. We can use any errors to negotiate with the prosecutor to have your charges reduced or dismissed.
Throughout the legal process, we will protect your rights and handle every aspect of your case. With more than 30 years of experience in the Texas criminal justice system, attorney Randall Isenberg has unique insight into how the prosecutor will build your case.
Our legal team will provide services that include:
- Investigating your case to identify potential weaknesses
- Negotiating with the prosecutor to have your charges dropped or dismissed
- Challenging breath and blood testing and results
- Representing you in all matters related to your DWI charges
- Answering your questions and helping you understand your options
We have two Intoxilyzer 5000 systems in our office. We have invested the time and research required to develop an in-depth knowledge and expertise with this equipment and we will put that background to work for you. We will build the strongest possible case for your defense and fight to achieve the best possible outcome in your case.
Free Consultation Today
Never assume that positive BAC testing results seal your fate in an Allen drunk driving case. The Law Offices of Randall B. Isenberg offers a no-cost consultation, to help you understand your options for challenging breath or blood testing. We will answer your questions and help you make the best choice for your case.
Call us today 214-696-9253 for help.