Plano Breath and Blood Test Lawyer

Breathalyzer Errors

One of the many tools a police officer will use to obtain incriminating evidence of your intoxicated driving is a breathalyzer for a breath test. A breathalyzer is a very delicate machine that requires constant calibration in order to function properly. It is for this reason that the results of a breathalyzer test cannot be trusted. Additionally, if you were to alter your breathing just before taking the breath test, you would produce different results, for example if you hold your breath for 30 seconds just before breathing into the machine, your BAC reading will increase by approximately 28%. By the same token, if you were to hyperventilate before taking the test, your results would drop.

Blood Alcohol Testing

Law enforcement officers may also have you take a blood test by having your blood drawn at a certified clinic. This is typically only done to verify breath test results or if the driver requests to have a blood test taken to prove more accurate results. It results in a measurement that is as precise as possible and yet there can be significant errors.

When the blood is tested, there are two different ways of finding out the alcohol concentration level. One is by testing the “whole blood” and the other is the “blood serum.” The problem with testing only the serum is that there is a significantly higher amount of water content in the serum portion of the blood, which could result in an increase of about 18-25% in alcohol percentage. Often at hospitals, they only test the “blood serum,” whereas at police crime labs they typically test the “whole blood.”

These tests are often used solely for the purpose of gathering evidence against you that will be used in court. There are several different problems with each of these tests. If you have the correct representation, the evidence drawn from these tests can be easily fought in court. A knowledgeable attorney can thoroughly investigate the process by which your breath or blood was processed. Contact our office today for more information and to learn more about how I can help you during this difficult time.

Defending Your Case

In addition to the faults with a breath test, there are many ways to fight against the evidence of a blood test, such as illegal handling, compromised evidence and others. For these and other reasons, this evidence can be fought against and even thrown out in a case. You, therefore, need an attorney for your DWI case in Collin County, Texas.

If you have been charged with a DWI due to evidence gathered from these kinds of tests then you will greatly benefit from the legal assistance of a legal representative from The Law Office of Troy P. Burleson. My firm has multiple years of experience in representing the criminally accused drivers of Collin County.