The police rely on chemical testing for blood alcohol content (BAC) to put people behind bars for drunk driving. However, sometimes the tests used to measure BAC fail, putting innocent people in jail and ruining their lives.
A breathalyzer and blood test defense lawyer in Denton understands how to question these often-faulty testing procedures, to ensure the protection of your legal rights.
Attorney Randall Isenberg has extensive knowledge of these testing methods and how to challenge them in court. With more than 30 years of experience on all sides of the criminal justice system, his background helps him fight for the best possible outcome in your case.
Contact the Law Offices of Randall B. Isenberg for a free consultation: 214-696-9253.
Were You Subject to an Illegal Breathalyzer or Blood Test?
By law, the police must follow specific protocols for pulling over your car, making an arrest for DWI, and for administering chemical BAC testing. Legal BAC testing must take place at the police station or an approved medical facility using specific protocols and following established guidelines.
If the police failed to protect your legal rights and follow all established requirements for BAC testing, your lawyer may successfully argue to have the evidence thrown out in your case.
In fact, before arresting you and requesting or requiring a BAC test, the police must establish probable cause for believing you were legally intoxicated.
To establish probable cause, the police often use roadside field sobriety testing. Alternatively, they may ask you to blow into a portable breathalyzer machine. Both approaches may lack accuracy for establishing probable cause, especially if the police fail to follow established protocols.
The National Highway Traffic Safety Administration (NHTSA) has its own set of Standardized Field Sobriety Test (SFST) standards. The police must use and comply with these standards when conducting field sobriety testing. Otherwise, your lawyer may successfully argue to have any subsequent evidence thrown out.
Likewise, the NHTSA publishes guidelines for using a roadside breathalyzer machine to establish probable cause. Violating any of these standards could mean you submitted to an illegal chemical BAC test.
What Is the Procedure for Breathalyzer and Blood Testing in Denton?
In Texas, the Department of Public Safety’s (TxDPS) crime lab establishes the procedures and requirements for all chemical BAC testing.
After the police establish probable cause to arrest you for drunk driving, they will seize your driver’s license and issue you a temporary permit to drive. They will transport you to a facility and request that you submit to chemical BAC testing.
In most cases, the police will take you to the station where a technician is waiting to administer a breathalyzer test. For the test to be legal, the technician must have met specific training and certification requirements. The police must have, on file, a certification and records of the maintenance, testing, and calibration of the BAC measurement equipment, typically a device called the Intoxilyzer 5000.
The operator must perform the testing at least twice, to ensure the veracity of the results. After performing the test, the operator will prepare a formal report that details the result of your test.
In some cases, officers choose to test your blood instead of your breath. If they request that you submit to a blood test, that procedure must also comply with all state regulations.
Any deviation from the standards can lead to faulty or inaccurate results. We can analyze the facts of your case to determine if the police violated your rights or the testing procedures used failed to follow the published guidelines and legal standards required.
How Will Your Breathalyzer and Blood Test Lawyer Argue Your Case?
Criminal defense lawyers understand that even a positive BAC test result does not guarantee a conviction for DWI.
After analyzing the evidence in your case, your lawyer may question the justification the police used to pull you over or to arrest you. Your lawyer may also question the accuracy of the testing procedures or the results. Any of these potential weaknesses will give your lawyer the tools to negotiate with the prosecutor to have your charges reduced or dropped or, if your case does go to court, to mount a strong defense on your behalf.
For example, if the police failed to follow the guidelines for field sobriety testing, your attorney can petition to have the subsequent chemical BAC testing results thrown out for lack of probable cause.
If the police failed to read you your rights, or if any problems exist with the breathalyzer or blood testing equipment or procedures, your lawyer can also argue to have the evidence disallowed.
In some cases, false positive BAC results can occur if you take certain medications or consume certain foods or beverages. Oral hygiene products can also cause a false positive test result.
If the police or testing lab failed to follow the laws and procedures of handling evidence – such as mixing up or contaminating a blood sample, for example – your lawyer can also use this as grounds for getting your case dismissed.
Talk to a Breathalyzer and Blood Test Defense Lawyer in Denton for Help
Having a criminal defense attorney on your side will help protect your legal rights. Your lawyer can ensure you understand your options and help you choose the right legal strategies based on the facts of your case.
Randall Isenberg knows how terrifying it can be to face fines and time in jail, but rest assured, he will do everything he can to protect your freedom. He brings more than 30 years of experience to bear for you. Using his knowledge of the legal system, he can build a strong case for your defense and fight tirelessly for your future.
We also keep two Intoxilyzer 5000s at our office. Having the equipment at our office allows us to understand how it works, what maintenance is necessary, and how common false readings are.
Call us today at 214-696-9253 to see how we can help you.
