Criminal Law Blog
May 17, 2005
Some clients who did blow and received a result of .08 per cent blood alcohol content think they are sunk.
They aren’t. Here is just one example of why.
Breath test machines are anything but infallible. The machine used in Travis County, the Intoxilyzer 5000, can have more than 15 of its critical parts removed, but the machine’s self-testing function will report it as working properly.
Does blowing over .08 make it harder to beat a DWI charge? Yes, of course it does.
Does that mean you should just roll over and take whatever the prosecutor wants to give you? No way.
If you have the will and resources (with this example, resources would mean money for an expert witness, for example) to fight the case, then fight it. It is the only way you can demand fair treatment.
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