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December 15th, 2014 :

Can you really help me if I had a high breath test result?

Posted in Latest Blog by Admin

Tags: breathalyzer, DWI

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Can you really help me if I had a high breath test result?

Written by: Attorney Kevin Kornegay

Here at Chad Jones Law we are often asked “can you really help me if I had a really high breath test result?” While a really high Intoxilyzer result (for example 0.235) can be really scary for our clients, we understand what these numbers mean and how they could be incorrect. Additionally, at times, these high numbers help create a good defense for our clients.

One of the easiest ways to attack these results are the video taken before, after and during arrest. Police officers record the events during and leading up to the arrest through body cameras and/or vehicle mounted cameras. An explainable error during the field sobriety exercises or some minor erratic driving does not mean that a person is intoxicated. These errors could be explained by a legitimate, common sense explanation. We look to provide innocent common sense explanations for signs the police officer may have mistakenly noted as indicators of intoxication. This is done by working with our clients to obtain medical records of foot, leg, back, neck, or head injuries to explain away explainable error during the field sobriety exercises. Additionally, we work with our clients to find truthful evidence and testimony to explain the officer’s comments concerning red eyes caused by intoxication where the evidence shows the client had these red eyes because he or she was tired, was in a smoked filled room, was a smoker, had allergies, or was wearing dirty contacts. We work to support these explanations with evidence, such as receipts for the purchase of eye drops, allergy medication or cigarettes. We also work with our clients where the legitimate facts support that the erratic or sloppy driving was due to our client making a phone call, text messaging, or testimony of sleep deprivation.

If the legitimate facts do not support one of the explanations above, we look to the machine itself. We all know that machines, though very helpful, are not always perfect. Intoxiliyzer machines have a number of ways they can be flawed: warranty issues, maintenance and repair, their acceptable range of error, prior inconsistencies, self-checking for accuracy, source coding, lack of knowledge by user, and others. We at Chad Jones Law strive to stay ahead of the curve on being knowledgeable about the machines used, the standard field sobriety testing manual, the Texas Breath Alcohol Testing Program Operator Manual, and the biological, physiological, and chemistry sciences (ie. Henry’s law, Infared Spectroscopy, simulator solutions, absorption periods, headspace gas chromatography with simultaneous flame-ionization and mass spectrometry detection) involved to help our clients and identify errors in the testing procedures (one common error with blood and breath testing is the temperatures involved). If you or a loved one are charged with a DWI, you need a tough, experienced, and knowledgeable lawyer. Additionally, if you find yourself in need of other legal services from a good criminal defense attorney or trial lawyer, contact the Chad Jones Law to find out what we can do to help you at 800-645-6637 or email us to discuss your case.

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