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Secrets of the Texas Criminal Justice System and Your Rights
There are several issues that involve DNA breath test cases. Today, the device that is used for testing to see if someone is under the influence is called the Intoxilyzer 9000. It has some software limitations and software problems that have been discovered. Also, it cannot tell a jury what the person’s alcohol concentration was at the time of the driving because the breath test is done at a time in the future.
There are also other issues that can be contested, such as the no 0.02 agreement and problems with the partition ratio. An accomplished defense lawyer needs to get the data from a particular breath test and could evaluate the machine to see what issues they could argue. If you have been arrested for drinking while impaired, contact a seasoned attorney who has experience with using Midland DWI breath test errors as a defense.
The temperature in the Intoxilyzer 9000 is set at 34°C +/- 0.2 and a person’s breath temperature can affect the results of the Intxoilyzer 9000. The higher a person’s breath temperature is the higher the results of the breath test may be. One of the Midland DWI breath test errors as a defense is that the breath temperature can artificially inflate the data. A dedicated lawyer may be able to make sure that a person avoid’s their first DUI offense by using the defendant’s breath temperature as a defense.
Cough-Syrup or Mouthwash Defense
If someone had recently used mouthwash or took some cough syrup, they could use that as a defense. Usually, when an officer stops someone, they testify that they smelled the odor of an alcoholic beverage. However, it must be an ingested alcoholic beverage like a beer or a wine, not mouthwash or some cough syrup that includes alcohol in the ingredients. If someone just used mouthwash and then were asked to blow on a portable breath down at the scene, that could artificially inflate the breath test results.
Teeth Affecting a Breath Test Result
Somone’s teeth can also have an effect on the breath test results. There are known cases when someone’s dentures have affecting the breath test. If someone has dentures or an open cavity, there is a potential of pooling alcohol and if there is a breath test, the officer conducting the test may be getting mouth alcohol and not deep lung air.
Information to Provide to an Attorney
The defense lawyer is going to want to know a lot of information about the defendant. An attorney wants to know what the defendant had to drink, when they had it to drink, what their occupation is, and if there are potential problems that could have happened in their breath test. The lawyer wants information on the person’s job because hairdressers and painters are around certain chemicals that could affect their breath test results. They also want to know if there has been any medical determination in the past that may affect someone’s breath test.
An experienced attorney is going to ask the defendant specific questions that hopefully will help develop a potential defense. A well-trained lawyer could find the Midland DWI breath test errors as a defense to use in your case. Call today to schedule a consultation.