It is unfortunate that our court system, so thoroughly based on the prosecution’s burden of proof, relies so heavily on a tool as flawed as the breathalyzer. While police officers love to tout the efficiency of these devices, Houston DWI attorney believes that they are an insult to the judicial institution of this country.
Our state uses a breathalyzer device called the Intoxilyzer. This device is coded by a private business that has refused to let other agencies review the code to validate the device’s accuracy. Multiple courts have issued orders to the company to release their coding for testing, but they have refused. When similar breathalyzer companies have released their device codes, they were found to be incredibly inaccurate. These devices used improper formulas to calculate averages. Additionally, they would not pass U.S. Industry Standards for Software Development and Testing and were found to ignore errors, even catastrophic ones –meaning they could use completely wrong codes and still appear to be functioning properly. While the Intoxilyzer uses different coding than this, it is evidence that breathalyzers in general are far too inaccurate to base someone’s guilt on –particularly when the company will not allow the accuracy of the devices to be measured.
To make matters worse, even a properly coded device can still be rendered completely inaccurate based on the contents of someone’s breath. If alcohol was regurgitated or food was eaten within half an hour of testing, the test will come out falsely high. If a person is diabetic or dieting, their test may be inaccurate. If the room where the testing takes place is too warm or contains any chemical fumes, it may provide incorrect results.
These devices, commonly used in Houston, have been shown to be inaccurate up to 25% of the time. If you have been arrested in Harris County on suspicion of DWI, take the breath test and then immediately request to speak with your Houston DUI lawyer.
The Law Offices of Houston DWI Attorney are proud to provide clients with a top Houston drunk driving defense lawyer who knows the ins and outs of breathalyzer inaccuracies. Whether you were pulled over on a Baytown freeway, stopped in the suburbs of Pasadena or arrested at a Sugar Land checkpoint, a Houston DWI lawyer can help you fight your charges.
If you do get charged with a DWI, be sure to hire a top Houston DUI attorney. Contact the Law Offices of Houston DWI Attorney , to schedule a free initial consultation with a Houston DWI attorney.