12 April
Peveto Law in DWI

Are DWI Breath Tests Admissible in Court?

People throughout the United States-especially Texas DWI lawyers-are concerned about the reliability of breathalzer tests. There are two types of Breathalyzer tests used by the police and sheriff departments in Dallas and Collin County: the roadside breath test device, and the Intoxiylzer5000. The roadside breath test is so unreliable that a good Plano DWI lawyer will be able to keep the results of the roadside test form being used as evidence against you. The results of the Intoxiylzer5000 however, are admissible, even though their results are often unreliable as well.

However, this question of DWI breath test results reliability is not unique to Texas. Some communities throughout the United States have even offered new trials or dropped DUI convictions because of unreliable breathalyzer test results. The city of Philadelphia, for example, recently offered 1,500 new trials to residents who may have been falsely convicted.

No such luck in Texas. Intoxilyzer breath test results are often deemed admissible in Texas courts, even when the device was not working properly. And if the Intoxilyzer machine says that your BAC (Blood Alcohol Content) score was above .08, it will be an uphill battle-but not impossible-to convince a jury that you were not intoxicated.