by Gloria Lipp
Published Mon, Jan 23rd 2017, 07:46 | Law
The State of Texas makes use of the Intoxilyzer 5000 to measure an individual’s Breath Alcohol Content (BAC) who has been pulled over for a suspected DWI. This is the most commonly used chemical tests conducted upon DWI suspects. Once the convict is proven to have violated the prevailing law of the State he can be charged with severe penalties ranging from heavy monetary penalty to installing Breathalyzer in Car. This requires taking the help of an aggressive and capable attorney who will try to find out flaws in the test conducted thereby saving his client from any penal action which ought to have been imposed.
Working Mechanism Of Breathalyzers
There is ample chance of providing false results by the device which makes it easier for the defending attorney to challenge the facts of the test conducted. The Breathalyzers presumes the entire volume of air entering the machine to be from the driver’s lungs. This creates a possibility of showing false results as any amount of alcohol trapped in the oesophagus or lungs can influence the test results. Breath mints, mouthwash or similar other compounds may also contain small amounts of alcohol which can lead to erroneous BAC reading. It should also be remembered that alcohol does not get absorbed by the body immediately upon consumption but takes a considerable amount of time. This can have an effect on the test results as a test conducted about an hour after the consumption can indicate increased level of alcohol in the system of the suspect. This turns out to be a genuine point of argument between both parties as the time elapsed after the driver’s last drink up to the time when the test is conducted determines the charges to be imposed on the convict.
Challenging The Breath-Test Result
In case of a DWI offense in Texas there is a legal presumption that a person is in an intoxicated state if the BAC level in the system of the convict exceeds beyond the permissible limit of 0.08 percent. This limit is determined by conducting various tests such as blood tests and breath tests, though the breath test is more commonly used. The most common challenges put forward by the defending lawyer is whether the machine was in proper working condition at the time the test was conducted. A poorly maintained and improperly calibrated machine will provide inaccurate results that are rendered useless to form the basis of determination of conviction for a DWI offense. A capable and experienced attorney will try by all means to prove the evidence collected against his client to be null and void, thereby saving him from strict penal provisions like compulsory installation of Breathalyzer in Car.