Breath Test Myths
 The State of Texas uses the Intoxilyzer 5000 to determine a person's alcohol concentration. However, rather than revealing its result in the form of a breath alcohol concentration (BrAC) it converts the result to an "estimated" blood alcohol concentration (BAC) using an unknown calculation which the manufacturer refuses to release. The calculation assumes that everyone has the same breath to blood alcohol ratio. If your personal ratio is different, your results may be artificially high or low depending upon the relationship of your personal breath/blood ratio to the one used by the machine.
The Intoxilyzer's manufacturer claims the device works on the principle of Infrared Spectrometry. A sample of the subject's breath is collected in the device's sample chamber. At one end of the chamber is a light bulb. At the other end is a light detector. The machine measures the amount of light that passes through the chamber when no alcohol is present. This is then compared with the amount of light passing through the chamber after a sample of the subject's breath is introduced. In theory, the alcohol in a breath sample will absorb some of the light, thus the less light that passes through a breath sample the higher the concentration of alcohol. However, other contaminates may also absorb light and cause your result to be artificially high.
You may also be interested to learn that the Intoxilyzer's manufacturer does not warrant that it is fit to accurately determine the alcohol concentration in human breath. In addition, there is no way to check the accuracy of results obtained by using this device because the State refuses to preserve breath specimens for future testing.
For more elaboration on these, and other breath test myths, see www.waduicenter.com/legal_commentary/top_20_myths.php.
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NOTE:
If you have recently been arrested for a DWI in Texas, contact an attorney immediately. You have only 15 days from the date of your arrest to contest the possible lengthy suspension of your driver's license. Fighting such a suspension may not only protect your ability to drive, but may also lead to the discovery of very valuable evidence that could assist you in winning your DWI trial. |
UPDATE: Effective September 1, 2003: Any person convicted of driving while intoxicated will face a minimum yearly surcharge imposed by the Department of Public Safety of at least $1000.00 for the three years following conviction. Second offenders will face a yearly surcharge of $1500.00, and any person who registers in excess of .16 on a breath test and is convicted will face a $2000.00 surcharge.
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| Located in Houston, Texas, J. Michael Threadgill represents clients in a range of criminal defense and family law matters. The firm proudly serves and ther Texas cities includding Houston, Pasadena, Beaumont, Sugar Land, Baytown, League City, Missouri City, Friendswood, Webster, Texas City, Alvin, Angleton, Pearland, Richmond, Galveston, Conroe, The Woodlands, Rosenberg, Katy, Pasadena, La Porte, Morton, and Deer Park, as well as the counties of Harris, Galveston, Fort Bend, Brazoria, Montgomery, Victoria, Chambers, Colorado, Liberty, and Jefferson.
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Law Office of J. Michael Threadgill
12 Greenway Plaza - Suite 1100
Houston, Texas 77046
Tel: 713-425-4958
Fax: 713-425-4999
mthreadgill@threadgill-law.com
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