Austin, TX Attorney, Kevin Bennett, expands on how he attacks the evidence gathered by the intoxilyzer device that was used. If he finds evidence to support the argument that the intoxilyzer results should not be trusted, doubt can be created within the jury.
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“If I’m defending a DWI breath case, I’m always going to look at this particular intoxilyzer device. I’m going to look at the maintenance records, the calibration records; I will want to make sure that the person that administered that test was certified to do so. You always want to attack the intoxilyzer results. You’ll want to look at your client in specific. Are they diabetic, or do they have any other medical conditions that could affect their BAC? You want to look at, not just your own client’s records, but the records that came before your client’s and the records that came after. And if those things don’t exist, those are all things that you can bring to a jury’s attention to raise reasonable doubt.”