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Secrets of the Texas Criminal Justice System and Your Rights
When someone is pulled over for suspected driving while impaired, the officer may administer the driver to take a breath test. The breath test is used to determine the individual’s blood alcohol content. The Intoxilyzer 9000 is the machine that is used to measure someone’s blood alcohol content. The legal limit of blood alcohol content in Texas is below 0.08 percent. Due to the issues that can arise with DWI testing, you may want to obtain the services of an accomplished lawyer if you are facing charges. Challenging DWI testing in Midland can be difficult, but an attorney could help.
Breath Test Procedure
There are certain procedures that the police have to follow for the breath test to be valid. After pulling someone over, the officer must conduct a 15-minute waiting period. During this period, the police are supposed to make sure that the person who is taking the breath test is not putting anything into their mouth. They also need to ensure that the person pulled over does not burp or regurgitate during the time. After the 15-minute wait, the officer will turn the Intoxilyzer 9000 on. The police will then take two samples of the individual’s breath. The two samples must be within a 0.02 percent agreement with each other.
Defense of the Breath Test Result
The portable breath test is not admissible in a trial, therefore, the prosecutor cannot show the number the portable breath test recorded to the jury. However, the prosecutors can tell the jury that the test showed the presence of alcohol. The presence of alcohol in the system is usually consistent with the defendant telling the officer that they did have something to drink but they were not intoxicated before getting behind the wheel.
There are ways for challenging DWI testing in Midland because there are many issues that can come from the Intoxilyzer 9000 test. The problems with the machine could be if it was calibrated correctly, when the last time it was calibrated, and if there was the mandatory 15-minute observation period. This is why it is imperative for someone facing charges to hire a defense attorney who could investigate the breath test errors.
Steps to Take When Challenging Results of a Breath Test
If the person wants to challenge the breath tests immediately, one of the things that they can do is request that a sample of their blood be taken. However, the police do not have to administer a blood test. Texas law says that an individual has two hours to get a medically-qualified person down to the jail to give the test. Unfortunately, this is not a realistic proposition for most people.
There are circumstances when the officer wants to take the person’s blood for a test. When someone is placed under arrest, they do have the right to consent to the test or refuse. If a person refuses, then the police are more than likely going to get a search warrant to take the individual’s blood. Once law enforcement has a search warrant, the individual does not have the right to refuse the blood test. Depending on the situation, the blood test may be conducted at the local hospital or while the person is in jail.
A blood test may be able to detect drugs in someone’s system, however, that does not always mean the drug made the person lose normal use of their mental or physical capabilities. For example, marijuana may be in a person’s system for 30 days but the effect on the brain would be gone within a few hours.
The accuracy of blood tests depends on multiple factors. These factors include if the blood test was taken correctly, if the pre-analytical work was completed correctly, if the nurse cleaned the person’s arm with the right chemical, and if the blood was drawn in a proper manner. If at there was an error at any time during the blood testing process, then it impedes the credibility of the blood test.
How an Attorney Can Help
Successfully challenging DWI testing in Midland requires a full investigation. This is where a dedicated lawyer could help you. An attorney can seek out potential expert witnesses and research to find out if there were any flaws in the testing conducted by the police. If you have been charged with a DWI and want to challenge the testing, call a well-established defense lawyer right away.