In Rockwall, the police routinely use breathalyzer and blood test evidence to put people in jail for drunk driving — even if errors or inaccuracies exist. Never assume that breathalyzer or blood testing evidence means an automatic conviction. These tests are not foolproof. In fact, their results are often inaccurate or obtained under illegal means.
If you believe your test results are inaccurate or even illegal, you can fight back against any charges you face. A breathalyzer and blood test lawyer in Rockwall can help. Attorney Randall Isenberg understands how to challenge this evidence and potentially get your charges dismissed or reduced.
Contact the Law Offices of Randall B. Isenberg today to get started: 214-696-9253.
Is It Always Legal for Police to Perform Breathalyzer or Blood Tests?
In Rockwall, police can only request chemical testing for DWI (in the form of a breath or blood test) under certain legally defined conditions.
First, before officers can even pull your vehicle over, they must have reasonable suspicion that you are breaking the law. This means, if they pull you over because they suspect DWI, they must be reasonably certain that your blood alcohol concentration (BAC) meets or exceeds the statutory limit of 0.08.
Officers sometimes use other justifications, claiming that you were swerving or speeding or that your vehicle had a taillight out.
Once officers pull you over, they must establish probable cause before they can request breathalyzer or blood tests. The most common approaches to establishing probable cause are roadside breathalyzer testing and field sobriety testing. Both approaches offer ample opportunities for the police to make a mistake.
If the officers do claim to have probable cause, they must transport you to the police station or another authorized chemical testing location because, in Texas, officers cannot administer official blood or breathalyzer tests.
Any of these steps, if the police fail to follow legal guidelines and protocols, may provide your breathalyzer and blood test lawyer with an opportunity to challenge your case.
What Makes Breathalyzer and Blood Tests Challengeable?
Once you arrive at the station or testing site, the police will formally request that you submit to chemical testing. In Rockwell, the police will likely test you using the Intoxilyzer 5000 system, used for breath testing.
Testing is only legal when a duly trained and certified Intoxilyzer 5000 operator performs the test.
The technician must test you at least twice, to verify the equipment is functioning properly. If the tests provide consistent results, the technician issues a report that becomes the foundation of the prosecutor’s evidence against you.
All Rockwall breathalyzer testing must comply with the requirements of the Texas Department of Public Safety (TxDPS). If the testing technician lacks the necessary certifications, your lawyer can challenge the evidence. Likewise, if police failed to perform all required maintenance and testing of the Intoxilyzer 5000 equipment, your lawyer may succeed in having the test results thrown out.
If the police choose to send you for blood testing instead, those tests must also comply with the legal standards and guidelines for blood testing, including the standards of the TxDPS crime lab.
Failure to comply with all applicable standards can lead the technician or the equipment to produce inaccurate or unreliable evidence.
The team at the Law Offices of Randall B. Isenberg understands how to evaluate the evidence in your case for problems, and use that information to negotiate on your behalf with the prosecutor, or to make your case in court.
How Will Your Breathalyzer and Blood Test Lawyer Make Your Case?
As you can see, we may have multiple opportunities to challenge the evidence in your case, based on breathalyzer or blood test evidence.
Some of the most common legal strategies used by breath and blood test defense lawyers include challenging the officer’s reasonable suspicion or probable cause to administer BAC testing. We may also question the legality of the test results.
Reasonable Suspicion: Our team can evaluate police reports and dash camera footage to determine how the officers justified pulling your car over. If they lacked reasonable suspicion for your traffic stop, we may successfully have all subsequent evidence disallowed.
Probable Cause: Depending on how the police developed probable cause — whether through field sobriety testing or a roadside breathalyzer test — Randall and his team may find violations or errors, challenging the existence of legal probable cause.
Faulty Blood Testing: If the police sent you for blood testing, your lawyer can explore the qualifications and procedures of the testing lab. Some labs have problems with their processes that could cause contamination of the sample. Mix-ups and errors in the lab setting can render blood results inadmissible.
Inadmissible Breath Testing: If the testing technician lacked proper training or certification, or if the police failed to maintain and test the Intoxilyzer 5000 equipment properly, your lawyer may be able to convince the judge to throw the test results out. Likewise, the testing may be inadmissible if the police failed to provide you with the statutory pre-testing warning, a form known as the DIC-24.
Confounding Factors: If you take certain medications, eat certain foods, or use an oral rinse or mouthwash that can contains alcohol, you might see a false-positive breathalyzer test result. Your legal team can provide medical evidence or testimony to cast doubt on the results of your chemical testing results.
Protect Your Future by Calling a Rockwall Breathalyzer and Blood Test Lawyer Today
A DWI conviction can put you behind bars and leave you with a permanent criminal record. Do not risk your future by trying to deal with your charges on your own.
In Rockwall, Attorney Randall Isenberg understands how to challenge chemical DWI evidence. With more than 30 years’ experience as a defense lawyer, felony prosecutor, and judge, he knows how the system works and will put that knowledge to work for you.
We also have two models of the Intoxilyzer 5000 in our office that we use to help build your case. Randall can negotiate with the prosecutor on your behalf or, if necessary, use this technology to create reasonable doubt in the courtroom.
We would like to offer you a free consultation to answer any questions you might have and help you decide the best course of action for your future.
Do not delay — call us today to learn more: 214-696-9253.
