If you were recently charged with driving while intoxicated (DWI) after failing a breath test, it is important for you to speak with an experienced DWI attorney immediately following your arrest. In many cases, your breath test results may be inaccurate due to faulty testing devices and, as a result, the charges against you may be reduced or dropped entirely.
The Intoxilyzer 5000 is the only breath testing device approved for use in the state of Texas. This mechanism uses infrared spectroscopy to determine your blood alcohol content (BAC). The results, however, are far from flawless.
Although the Intoxilyzer 5000 is designed to continually test its accuracy, the company that manufactures the device refuses to allow access to its software. As a result, the mechanism’s results cannot be verified, which can make it difficult for the state to prove breath test results are correct.
In addition to accuracy concerns, there have been numerous other problems associated with the Intoxilyzer 5000. In many cases, using mouthwash can cause the machine to register a higher BAC. Dental implants, low carb diets and certain medical conditions may also affect the results of your breath test. The device may also provide inaccurate results if it has not been maintained and calibrated properly.
If you have failed a Texas breath test, it is important that you speak with a DWI attorney who is familiar with the Intoxilyzer 5000 and understands its potential for errors. Failing a breath test does not automatically lead to a conviction. Indeed, with the right attorney on your side, you can fight the charges against you. Before you make an appearance in court, make sure you speak with an attorney who is well-versed in Texas DWI law.