In Garland, breathalyzer and blood test evidence gives the police the evidence they need to press charges. Worse, when the prosecutor uses these test results in court, they can be highly persuasive to the jury. What many people fail to realize, however, is that breath and blood tests may be inaccurate.
Attorney Randall Isenberg wants you to know that breathalyzer and blood alcohol content tests do not mean an automatic conviction. In fact, the Law Offices of Randall B. Isenberg can challenge these results and potentially convince the prosecutor to reduce or even dismiss your charges. Call a breathalyzer and blood test lawyer in Garland to learn more: 214-696-9253.
When Can Officers Conduct Breathalyzer or Blood Tests?
In Garland, official breathalyzer or blood testing cannot take place at the site of a traffic stop. Instead, the officer must arrest you and transport you back to the police station to perform these tests.
However, before the officer can legally arrest you, he must first establish probable cause that you were driving while intoxicated.
Some officers use field sobriety tests to establish probable cause, while others use portable breath testing devices. Unfortunately, neither of these methods provide a reliable means of determining intoxication.
A breathalyzer and blood test lawyer can potentially leverage the unreliability of these tests to challenge the prosecution’s evidence in your case.
How Do the Police Conduct Breathalyzer and Blood Tests?
When you get to the police station, the arresting officers will ask you to take a blood alcohol content (BAC) test. In Garland, the police usually use the Intoxilyzer 5000 to perform breath testing.
Only a certified breathalyzer operator can administer this testing. The operator must perform at least two tests to compare the samples and to prove that the machine is working correctly. After the testing, the operator will generate a toxicology report.
The Texas Department of Public Safety’s (TxDPS) crime lab oversees and regulates all Garland breath alcohol testing requirements.
For the Garland police to perform breath alcohol testing, they must obtain certification from TxDPS. Likewise, any person who performs breathalyzer testing in Garland must obtain an individual certification to operate the equipment. Finally, the Garland police must maintain, calibrate, and test their breath testing equipment in accordance with the National Highway Traffic Safety Administration’s (NHTSA) Standardized Field Sobriety Test (SFST) standards.
These standards help to protect the legal rights of Garland drivers accused of DWI.
Officers do have the option to request blood testing to measure BAC, rather than breath testing. However, blood testing must also conform to the standards established by law for BAC toxicology.
We understand these standards and can identify those occasions when the police fail to follow the rules. This can also invalidate the test results.
What Defense Strategies Might Apply in My Case?
Even if your breathalyzer or blood testing results indicate that you were over the legal limit for DWI in Texas, your breathalyzer and blood test lawyer can often spot problems that can convince a judge to throw this evidence out.
We will start by analyzing every aspect of your traffic stop, arrest, and chemical testing to identify any aspect of the process that did not comply with the governing laws and standards.
These are just a few potential defense strategies a lawyer from the Law Offices of Randall B. Isenberg might use to fight your case:
A police officer needs a valid reason to pull you over and stop your car. Driving erratically, speeding, or failing to signal a turn are all valid reasons, if they are true. If the officer does not have a good reason to pull you over, however, and your lawyer can prove it in court, the rest of the evidence collected by the police may not be admissible in court.
Both field sobriety and portable breath testing may offer your lawyer an opportunity to question whether the officer had probable cause to request breathalyzer or blood testing.
Illegal Breathalyzer Testing
Breathalyzer technicians must obtain training and certification on the equipment used to test you. The police department must maintain, test, and calibrate the equipment regularly. Technicians must follow protocols and the police must provide you with a statutory Texas DIC-24 DWI warning before testing. Any violation may invalidate test results.
We have two Intoxilyzer 5000s on-site, so we know how they work, what certifications are necessary, and how often you must test and calibrate the equipment to ensure accurate test results. This knowledge can allow us to find and exploit an issue with any testing conducted by technicians.
Some substances can affect breathalyzer test results. For example, diabetes medications, your diet, and even mouthwash can skew breath testing results. Your lawyer can explore these factors and potentially argue that your BAC testing results resulted from any confounding factors.
Faulty Blood Testing
If the police department tested your blood (rather than having you take a breathalyzer), your lawyer will look into the lab that drew your blood and processed it for results. Labs can lose or mix up samples, accidentally contaminate samples, or commit errors in the drawing or testing phase.
Call the Law Offices of Randall B. Isenberg Today
The sooner you enlist the help of a Texas DWI lawyer, the sooner he can begin analyzing the prosecution’s evidence. If your attorney identifies potential problems that could get BAC testing evidence thrown out, he can negotiate with the prosecutor to reduce or dismiss your charges.
And, if you must take your case to court, a Garland DWI attorney can make a strong case on your behalf. The prosecution’s burden of proof is high, and your lawyer can potentially find one or more ways to establish that all-important reasonable doubt.
Attorney Randall Isenberg spent much of his career working as a felony prosecutor and state district court judge. When he puts his more than 30 years’ experience to work for you, he will work diligently to protect your legal rights and obtain the best possible outcome for you.
The Law Offices of Randall B. Isenberg uses a variety of tools to help our clients, including two Intoxilyzer 5000 models we have on-site that Texas uses for breathalyzer testing. Contact us today to schedule a complimentary consultation and case review, or to speak with a breathalyzer and blood test lawyer in Garland: 214-696-9253.