Have you failed a breath test? That doesn’t mean you are without options. I am experienced lawyer in fighting DWI Charges in Fort Worth for a failed Breath Test. Attorneys can use several defenses for failed breath tests, including:
Attack the Breath Test
15 minute waiting period violations:
It is a requirement in virtually every set of operating instructions of any infrared breath testing device provided by the manufacturer for the officer to be in the presence of the driver continuously for 15 minutes. This waiting period is necessary to eliminate residual alcohol and other contaminates that may be in the mouth cavity.
Many items contain amounts of ethyl alcohol in them or other compounds in amounts sufficient to affect the breath test reading. Some examples of items that can affect the reading are; dentures and denture adhesives, smokeless tobacco, breath mints, lip balm, breath sprays, menthol, asthma inhalers, and sore throat lozenges.
Was there a grounded and dedicated power source?
We will check the video tape footage for irregularities in power supply. The Intoxilyzer 5000 is very susceptible to voltage fluctuations which can produce erroneously high results.
Was there an Ineffective Slope Detector on the Intoxilyzer 5000 / 8000?
It is necessary to conduct maintenance tests regularly on the mouth alcohol detector in the presence of a measurable breath. This is rarely done. If you have been charged with a DWI in Fort Worth due to failing your breath test and want to read more on this type of defense then be sure to read our DWI Approach article.
Give us a call today so that we can discuss your case.
If you recently failed a breath test and need an attorney in Fort Worth, call me today to get started on your case.