Listen as Attorney Richard C. McConathy discusses the process of defending against a DWI charged related to a breath test.
DWI Breath Test defense attorney in Dallas, TX
Challenging a breath test and some of the methods used have advanced over the period. First of all, you have to understand the intoxilyzer machine is a machine that’s being held by proprietary rights under one company in the state of Kentucky. No one knows or understands how this machine actually calculates or commutates your actual blood alcohol level based on your breath. Therefore, you have to understand not only the intoxilyzer but the advancements they’ve made. Since I’ve been a lawyer, we’ve gone from the intoxilyzer series 3000 all the way to the 8000s, and they keep adding new components and attempting to make it look more intelligent and smarter. But at the end of the day, nobody really knows how this machine works, and once you begin to tear it down and break it down to regular normal people, they look at it and say “are you serious? Are we really using technology from the 1970’s to try to say people are intoxicated?” that’s why the states have slowly started to move away from the intoxilyzer systems and going directly to blood tests. My father, grandfather, and myself have practiced in this county, Big D as they like to call it. Regardless of who the DA is, Democrat or republican, you better be sure they’re coming after you. When Testing under the intoxilyzer system, for years defense lawyers have been arguing, “are there any outside influences besides direct intake of alcohol in your system that could fool the machine? Now, the company that designs this machine swears up and down they have a slope detector that can determine that what you’re reading there is actually residue alcohol inside the lower part of your lungs. However, there’s been questions for years about mouthwash, fillings in your mouth, dentures, and also vomit or anything else that can be held inside the mouth. Unfortunately, there is no data on this situation. The company that owns the intoxilyzer 500 unfortunately won’t let anybody look at the internal operating system.