Plano DWI Lawyer Blog

by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

As I have reported here in recent posts, the house of cards that is the Intoxilyzer 5000 may indeed be ready to topple. First, a Washington State court ruled that breath tests results would not be admissible, and wrongfully convicted citizens may appeal their conviction, due to malfeasance by the state’s lab technicians. Now, a new “smoking gun” email may future expose the Intoxilyzer 500 as the fraud that it is!

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

As I have reported before, the number two cause of wrongful convictions is lab error and junk science. According to a recent report from Washington State, a court has ruled that the State will not be able to use breath test results in hundreds of pending DUI cases. Additionally, thousand of people in Washington who were convicted of DUI now may be able to appeal their convictions because of this ruling.

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

May was a good month at the office for DWI breath test cases. I had three “wins” this month on cases in which my clients all gave breath tests over the legal limit. As I have reported in this blog, there are many reasons why you should set a breath test case for trial and many ways in which a good, well-prepared attorney can “win” a breath test case over the legal limit.

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

William C. "Bubba" Head, is on the most well-know and respected DWI/DUI attorneys in the nation. I have had the privilege of meeting with him on several occasions and my law partner, Christopher N. Hoover, and he have been friends for almost 15 years. Mr. Head as published a great deal of material on the Intoxilizer 5000 and its inherent weaknesses. Click here for some of the weaknesses as written by Attorney William Head.

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by Collin County DWI lawyer Troy Burleson

The Intoxilyzer 5000, is the breath machine used by law enforcement officials in the state of Texas, as well as, other states across the nation. Many defense attorneys have challenged this machine for various reasons including, but not limited to, the age of the technology, the lack of scientific validation of the “source code”, the numerous assumptions that the machine makes in formulating its results, and the availability or alternative, more accurate, testing equipment.

Continue reading "DWI Breath Testing: Republican Congressman set to challenge the reliability or the Intoxilyer 5000 breath machine by Plano DWI attorney Troy Burleson" »

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by Plano DWI attorney Troy Burleson

As I have reported here before, there are many reasons why a person should not plead guilty if they gave a breath test that was over the legal limit of 0.08. I recently had a client, charged with DWI, who gave a breath sample nearly twice the legal limit. However, using a pre-trial motion strategy that I haved reference in this blog, I was able to get my client an acquittal.

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by Collin, Dallas and Denton County DWI Lawyer Troy Burleson

One of the most debated pieces of evidence in Texas DWI trial is breath test evidence. Generally, most defendants who give a breath sample over the Texas legal limit of 0.08 either plea guilty or are told not to fight the case by their legal counsel. If you have been charged with a Texas DWI and you gave a breath sample over the legal limit, you situation may not be hopeless.

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by Collin, Dallas and Denton County DWI Attorney Troy Burleson

Like I have said many times before, you never know what is going to happen at trial. Today, I had a breath test trial in a local county (I will not name the county to protect the prosecutors). My client gave a breath sample above the legal limit (greater than 0.08) and above the statutory limit in Texas that would have required a deep lung device had my client been convicted or entered into a guilty plea (greater that .150).

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Collin County DWI lawyer Troy Burleson

Collin County DWI: If you are charged with a DWI in Collin County the following chart may be helpful for you to determine your Blood Alcohol Content (BAC). This chart gives you an estimate on the percent of alcohol in the blood foe a given number of drinks an in relation to a persons body weight.

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