Texas Breath Test Machine for DWI
Cody Cofer is a DWI Defense Attorney and former DWI Prosecutor
The fastest way to obtain “evidence” of blood alcohol content is through the use of a breath testing device. Texas DWI law enforcement currently uses the Intoxilyzer 5000. This machine creates potentially admissible evidence by “testing” the breath of a person arrested for DWI. Most often these breath test machines are located at the jail, but some jurisdictions have units installed in vehicles for roadside testing. While this is incredibly convenient for DWI law enforcement, accuracy and precision are major concerns. Everything from body temperature, calibration, electrical frequencies, and even how hard someone blows into the machine can affect the readings of breath test machine. Like any machine making a reading, there are margins of error throughout the specimen taking process. These errors are present even if the machine is operated and maintained PERFECTLY. There are also many instances where the breath test operator or “technical supervisor” may (and often do) make mistakes. This compounds the degree of error in any reading. Perhaps the most disturbing matter with regard to the breath test machine is that, although technology allows for the preservation of the breath evidence, the machine just spits it back out into the air. That means no independent testing!! This amount of error is why DWI defense often focuses on the short comings of the breath test machine. Cody L. Cofer is an experienced Fort Worth DWI Lawyer that will fight to protect you throughout the DWI prosecution.
DWI investigation usually begins when law enforcement observes a vehicle commit a traffic violation (fail to use a blinker when turning) or observes a vehicle with an equipment malfunction (license plate light is out). Then law enforcement makes contact with the driver of the vehicle after pulling them over. A camera in the patrol car of the vehicle stopping you probably turns on automatically when the overhead read and blue lights are activated. So, you and your car are being videoed and recording during the entire DWI investigation. If the DWI investigating officer thinks they smell alcohol or just have a funny feeling you will likely be asked to step from the vehicle. Then you will be asked to perform DWI field sobriety tests. Remember, these tests are being recorded on video and audio. After these DWI roadside tests, you will be read what’s called the DIC-24. This is a statutory warning that should be read to you before a breath or blood specimen is requested in Texas. The DWI investigating officer will ask you to give a specimen. The officer chooses what kind of specimen he wants. He may ask you for breath. If you refuse or if you provided a specimen you still need an experienced DWI defense attorney. Fort Worth DWI Lawyer, Cody Cofer, is a former DWI prosecutor and experienced criminal defense trial lawyer.
Is there a chance my breath test was inaccurate?
Absolutely. There are many basic flaws associated with breath analyzers that you should know about. Unless the instrument is calibrated properly, the results can be artificially inflated! That’s right, the Intoxilyzer 5000 (along with other breath testing machines) needs to be regularly calibrated by a competent individual. Otherwise, factors such as changing air temperature will affect the reliability. High readings may also be caused by mouth washes
and breath sprays containing alcohol. In addition, many physical conditions can alter readings including acid reflux and dental diseases. Small burps or belches in the 15 minutes before the use of the machine may cause higher readings. There are many issues that an skilled Fort Worth Criminal Defense Lawyer can explore and use in your defense. Call Tarrant County DWI Criminal Defense Attorney Cody Cofer to start building your defense to your DWI case today.
I failed a breath test. What now?
Call experienced trial attorney, Cody L. Cofer. He is a former prosecutor that knows how the breath test evidence will be presented in your DWI trial. He has been trained by DWI law enforcement and attorneys about the ins and outs of DWI investigation and prosecution. You need a good criminal defense attorney and you need one now. There are steps that can be taken to help your case pretrial. Cody can work to fight a possible license suspension. Cody will fight to give you the best chance at success against the government. DWI conviction will cost you thousands of dollars. May result in long probation or even jail time. Each new DWI conviction may result in higher penalties which may include prison. Cody is a Fort Worth DWI Defense Lawyer that is committed to fighting to protect you against the governments accusations.