If your driver’s license is suspended as a result of a DWI arrest or conviction, you may have a right to have your driving privileges reinstated with an occupational driver’s license. Click the link below to view some requirements for an occupational driver’s license.

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In addition to the above requirements, you must draft a Petition for an Occupational License, present the petition to a judge, show proof f SR-22 insurance, and in some cases, present the judge with a copy of your driving record prior to being granted an occupational license. My office can guide you through the occupational process and help to get your driver’s privileges reinstated. For more information or to request an initial consultation with our office contact The Law Office of Troy P. Burleson, P. C. toll free at (866) 439-2182.

If you have recently been arrested and charged with DWI, your license is not automatically suspended unless you fail to request an ALR hearing prior to 15 days after your arrest. On the date of your arrest, you should have received a notice of suspension form (a.k.a. DIC-25) from the arresting officer. Click the link below to see a sample DIC-25 form.

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If you fail to request an ALR hearing within 15 days of your arrest your driver’s license will be AUTOMATICALLY suspended on the fortieth (40th) day after your arrest. Specific rules must be followed in order for an ALR request to be valid. My office requests ALR hearing FREE OF CHARGE for clients who request an initial consultation with our office. To request an appointment and an ALR hearing, contact The Law Office of Troy P. Burleson, P. C. toll free at (866)439-2182.

Officers administer field sobriety tests o citizens they suspect are guilty of DWI/DUI. According to most officers, these tests give the citizen a chance to prove he or she is not intoxicated. With that in mind, the question should be, “how fair are these tests?” More to the point, “are these tests designed to make a person look bad or look good?” Let’s take a look at the instructions of one of the field sobriety tests, the one leg stand, and the possible errors and see if we can mathematically determine if these test or fair.

Officers administer field sobriety tests to citizens they suspect are guilty of DWI/DUI. According to most officers, these tests give the citizen a chance to prove he or she is not intoxicated. With that in mind, the question should be, “how fair are these tests?” More to the point, “are these tests designed to make a person look bad or look good?” Let’s take a look at the instructions of one of the field sobriety tests, the one leg stand, and the possible errors and see if we can mathematically determine if these test or fair.

Dental appliances can be a major factor in high breath test results. Like GERD defenses, dental issues concern mouth alcohol. If a person fails a breath test, and has had major dental work, this defense should be explored.

Dental appliances include, but are not limited to: braces, retainers, mouth expanders, bridges and false teeth or dentures. These appliances provide an opportunity for food to become trapped in the mouth after eating. Anyone who has had extensive dental work, such as braces, will tell you that getting food trapped in their teeth is a persistent problem.

The Tyndall Effect is a physics concept used to discuss something known as “colloidal suspensions.” Colloidal suspensions describe a homogenous substance consisting of submicroscopic particles dispersed in another. Unlike solutions, colloidal suspensions exhibit light scattering. A beam of light or laser, invisible in clear air or pure water, will trace a visible path through a genuine colloidal suspension, e.g. a headlight on a car shining through fog. This is knows as the Tyndall effect (after its discoverer, British physicist John Tyndall), and is a special instance of diffraction. Diffraction is a phenomenon that occurs with gases and liquids.

If you have been accused of DWI/DUI and are currently on a low carb diet, such as the Atkins Diet, then you may have a valid defense to a high breath test result. Low carb diets are based upon the concept of vastly decreasing your intake of carbohydrates while relying on protein intake as your major source of nutrition. The absence of carbs forces your body to burn fat rather than carbohydrates and therefore you lose weight.

To understand how chemical exposure might affect the results from an Intoxilyzer 5000, one must first have a basic understanding of how the Intoxilyzer works. The basic operation of the Intox 5000 is infrared spectroscopy combined with a computer program hat converts a measure in decreased light o units of measurement of alcohol (gm/210 liters). The machine does this by measuring infrared light in the sample chamber of the machine. When a subject’s breath is introduced into the sample chamber, a photo detector measures and decrease in light emitted from on side of the chamber to the other side. The amount of the decrease in light is then entered into a computer program designed to convert the decreased light into grams of alcohol and the converted into an expression of grams per 210 liters of air.

One can do a quick search on Google concerning the Intoxilyzer 5000 and discover that there is a great volume of internet literature concerning the many scientific problems with the machine used in Texas to measure a person’s breath/alcohol concentration. As an attorney dedicated to DWI/DUI defense I have spent numerous hours researching issues concerning the performance, or lack there of, of the Intoxilyzer machine. In addition, my law partner, Christopher N. Hoover, has spoken numerous times and written many articles on the major issues with the Intoxilyzer 5000. Below, are the 5 major issues that Chris has discovered and written on concerning the performance of the Intoxilyzer 5000. The 5 things that can have a major affect on the machines performance are: 1) Chemical Exposure; 2) Air Bags (aka the Tyndall Effect); 3) Atkins or low carb diets; 4) Gastro Esophageal Reflux Disorder (GERD); and 5) Dental Issues.

The first three (chemical exposure, Tyndall Effect, and Atkins or low carb diets) are problems based on interferents that may not be detected by the Intoxilyzer 5000. The last two relate to “mouth alcohol” which is increased alcohol laden breath results based upon gastro esophagus disorder and dental issues.

To read more about these 5 major issues that may affect the result from an Intoxilyzer 5000 click on the links below:

Chemical Exposure
Air Bags (aka Tyndall Effect)
Atkins or low carb diets
GERD
Dental Issues

If you gave a breath sample you may be familiar with the following scenario:
A police officer takes a person into the Intoxilyzer room to give a sample of his or her breath. The officer explains to the person that he or she must give two breath sample and must blow into a tube, connected to the Intoxilyzer hard enough to make the machine emit a steady, audible tone. The person then begins to blow into the machine and the officer starts cheering, like a high school pep squad,

“Keep breathing! Breathe harder! Harder! Keep going, that’s good you doing great!”

When it comes to DWI, your innocence or guilt depends largely if not entirely upon what a machine says. The simple fact is that people are being convicted of a crime — beyond a reasonable doubt — based entirely upon what a machine says. That being said, the question every citizen should ask is “Are we that sure of the machine’s accuracy?”
A better question would be, “Are the manufacturers of the machine sure of its accuracy?”

One of the most argued points of law concerning the Intoxilyzer 5000 is the amount of assumptions that the machines internal “source code” makes when calculating a persons BAC (breath alcohol concentration). Until recently, the manufacture (CMI) has refused to turn over there source code to defense attorneys so that we can test the code for internal flaws. However, courts have begun to force CMI to turn over its source code and if CMI refused, courts have refused to allow the State to use the breath test result in trial.

Click below to view the infamous Intoxilyzer 5000.
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The breath test machine used in Texas to determine a person’s alcohol concentration is the Intoxilyzer 5000 which is made by the Kentucky Corporation, CMI. Click the link below to view an article by Craig Freudenrich, Ph.D. describing how the Intoxilyzer 5000 is supposed to work.

“How Breathalyzers Work”
by Craig Freudenrich, Ph.D.

Collin County DWI Field Sobriety Tests: If you have been arrested for DWI in Collin County, the officer who arrested you probably asked you to perform three tests known as the "field sobriety tests." I have described these tests in detail in this blog here. As a recap, there are three field sobriety tests. The first is the horizontal gaze nystagmus test. The second, is the walk and turn test. Finally, the third test is the one leg stand test.

Many defense attorneys, including this one, argue that these tests are designed to make you look bad or fail. They are inherently biased and do not test a persons normal ability to operate a motor vehicle. Among the attorneys who share the belief that these tests are designed to make you fail, is Lawrence Taylor. Attorney Taylor is a nationally know DWI/DUI attorney from California and the author of the book "Drunk Driving Defense."

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!