Fighting the Breathalyzer Test Results
Our legal system is based on the assertion that a person is innocent until proven guilty beyond a shadow of doubt. Unfortunately, many courts convict people on DWI charges based solely on the evidence of a breathalyzer. The problem is that the devices do not prove guilt beyond a shadow of doubt. With a good Houston DWI attorney, you can fight the breathalyzer results and your innocence.
It is shocking that our court system allows people to be convicted for drunk driving based on evidence that may be wrong up to 25%. While prosecutors and police try to insist these devices are accurate, this is untrue. Your Houston DWI lawyer will work to show the court just how faulty these devices may be.
Texas uses a breathalyzer device called the Intoxilyzer. This device was created by a private company that refuses to release the machine’s programming code, even after receiving multiple court orders instructing them to do so. Unfortunately, this means it cannot be tested for accuracy. Similar companies designing breathalyzers have had the same hesitancy to release their codes, and with good reason; when these codes were investigated, they were found to use improper mathematical formulas and were not programmed to recognize errors in their system -so even when something went drastically wrong, the machines appeared to operate normally. While your Houston DWI lawyer understands the Intoxilyzer uses different coding, he recognizes it is impossible to say whether it is any better than these devices without a proper inspection by an independent analysis company.
Your Houston DWI attorney can help you prove that even if the device is fully operational and correctly coded, it can still be rendered inaccurate based on other factors involving the test subject and the test area. If a diabetic, dieter or sick person takes the test, it may be artificially high. The same consequences may occur if the subject recently regurgitated or ate before taking the test. Lastly, if the room the breathalyzer was located was too warm or contained fumes from chemicals, it may also give results that are too high.
If you have been accused of drunk driving, don’t take your chances with your defense. Hire a Houston DWI lawyer who understands the ins and outs of the law and can help prove your innocence. At Johnson, Johnson & Baer, we are sure we have the knowledge needed to provide you with a top drunk driving defense in Houston. Contact us today.