The most common form of blood alcohol content testing is the breath test—commonly referred to as a “breathalyzer.” The breath test is usually preferred because it is easy to administer, less costly than other forms of testing and the results are returned on the spot.
Although many law enforcement officers carry a portable breath-test machine in their squad cars, these tests are generally used for preliminary testing purposes, to establish probable cause to arrest you. In a court of law, results of these preliminary tests are only admissible as evidence of probable cause. Typically, once you are arrested for DUI, you will be given the official state breath test on a different piece of equipment at the jail or prisoner reception center.
The state of Tennessee uses the Intoximeter EC/IR II to perform the official breath alcohol tests. This machine uses a fuel cell to measure the alcohol concentration of a breath sample. However, the state mandates very specific protocol in the collection and measurement of a breath sample. If the protocol is not adhered to, the breath sample and/or test result could be ruled inadmissible.
It is important to have an attorney on your side who understands the rules and regulations governing breath testing, and who is also knowledgeable on the Intoximeter EC/IR II. This machine does have documented flaws that could render a breath sample invalid—if your attorney knows those flaws and can examine the nature of how your breath sample was collected and measured. An attorney experienced and knowledgeable in the intricacies and science of breath testing may be able to prove the fallibility of breath testing results and/or other false positives that may result in a faulty or inaccurate breath test reading.
Six prerequisites must be met in order for a breath test result to be admissible as evidence in court.
Whether or not the operator of the machine was properly certified, whether the machine itself was certified and tested for accuracy, and whether the test was performed in accordance with standard operating procedures are among these prerequisites. An experienced attorney like Marcos Garza will know the guidelines and be able to determine if the results of your breath test may be admitted as evidence against you.
Mr. Garza is an experienced DUI attorney who is well versed in Tennessee state law regarding breath alcohol tests. If you are facing DUI charges in the state of Tennessee, call Mr. Garza at (888) 680-7554 to set up a free consultation. Mr. Garza can review the details of your case, including the circumstances of your breath test, and help you map out a suitable defense strategy.
Call the Garza Law Firm today at (888) 680-7554 for Tennessee DUI representation.
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