DWI / DUI Breath Test Myths
The State of Texas uses the Intoxilyzer 5000 to determine a person's alcohol concentration. However, rather than revealing its result in the form of a breath alcohol concentration (BrAC) it converts the result to an "estimated" blood alcohol concentration (BAC) using an unknown calculation which the manufacturer refuses to release. The calculation assumes that everyone has the same breath to blood alcohol ratio. If your personal ratio is different, your results may be artificially high or low depending upon the relationship of your personal breath/blood ratio to the one used by the machine.
The Intoxilyzer's manufacturer claims the device works on the principle of Infrared Spectrometry. A sample of the subject's breath is collected in the device's sample chamber. At one end of the chamber is a light bulb. At the other end is a light detector. The machine measures the amount of light that passes through the chamber when no alcohol is present. This is then compared with the amount of light passing through the chamber after a sample of the subject's breath is introduced. In theory, the alcohol in a breath sample will absorb some of the light, thus the less light that passes through a breath sample the higher the concentration of alcohol. However, other contaminates may also absorb light and cause your result to be artificially high.
Brazoria County Lawyer Provides Defense for Inaccurate Breathalyzer Tests
You may also be interested to learn that the Intoxilyzer's manufacturer does not warrant that it is fit to accurately determine the alcohol concentration in human breath. In addition, there is no way to check the accuracy of results obtained by using this device because the State refuses to preserve breath specimens for future testing.
If you need representation in Fort Bend County Court or Brazoria County Court for DWI or DUI hire a local attorney in Sugar Land that knows the Texas DWI / DUI laws. Mr. Threadgill serves Sugar Land, Angleton, Lake Jackson, Pear Land and Alvin as well as, Missouri City, Rosenberg, Katy and Southwest Houston.
NOTE: If you have recently been arrested for a DWI in Texas, contact an attorney immediately. You have only 15 days from the date of your arrest to contest the possible lengthy suspension of your driver's license. Fighting such a suspension may not only protect your ability to drive, but may also lead to the discovery of very valuable evidence that could assist you in winning your DWI trial.
IMPORTANT: Effective September 1, 2003: Any person convicted of driving while intoxicated will face a minimum yearly surcharge imposed by the Department of Public Safety of at least $1000.00 for the three years following conviction. Second offenders will face a yearly surcharge of $1500.00, and any person who registers in excess of .16 on a breath test and is convicted will face a $2000.00 surcharge.