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Breath Analyzers Often Unreliable in Houston DWI Cases, Says Attorney Joseph LaBella
Date:12/21/2012

Conroe,TX (PRWEB) December 21, 2012

DWI and criminal defense attorney Joseph LaBella of Joseph LaBella & Associates says one of the basic tenants of the legal system – that a defendant has the right to face their accuser in court – still applies when that witness is a machine. Just like the testimony of a human witness can be called into question, an experienced Woodlands Tx DWI lawyer can challenge the so-called facts provided by supposedly impartial technology.

“Believe it or not, machines makes mistakes,” LaBella said. “They are not perfect. Maybe the machine was not properly calibrated or checked periodically to maintain its peak efficiency.

“And don’t forget the breath analyzer test is being administered by a human being – a police officer – and we all know that people, no matter how careful they are, can make mistakes,” LaBella added. “In some cases, an officer may not follow the correct procedures or may not have received adequate training required to correctly operate the equipment.”

In Texas, the police can arrest someone for DWI if their blood alcohol level is .08 or greater. Depending on the county, police use the "Intoxilyzer 5000" or the "Intoxilyzer 5000en” to measure blood alcohol.

But breath analyzers also can be tricked, the DWI and criminal defense attorney said – not in the sense of a motorist fooling the machine, but by a wide range of other factors. Here are just a few, as noted by Dr. David J. Hanson in his report, “Breath Analyzer Accuracy:”

  •     Mouthwashes can lead to an inaccurate reading because they contain alcohol.
  •     Temperature can throw off readings. This can be either the bod
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