An attorney in Royse City, TX, who represents clients charged with driving under the influence of alcohol, uses various strategies to help these individuals. For example, the lawyer may challenge the breathalyzer results, claiming that they’re inaccurate, if there’s a good chance this may be the case. Breathalyzer results can only be seen as an estimate of how intoxicated a driver was at the time of the test, although law enforcement officials require people to submit to these tests. In Texas, refusing to submit to the test results in an automatic driver’s license suspension, although a lawyer may be able to have that suspension overturned. It does not result in an automatic conviction, however.
A DUI attorney in Royse City, TX, understands the range of potential problems with this equipment. For instance, the device may be set for a specific haematocrit level, which is the percentage of red blood cells compared in the blood. The normal haematocrit level is significantly higher for men than it is for women. This poses an obvious problem for women taking a breathalyzer test, as they may have a false positive if the device is calibrated for typical male haematocrit levels.
Another issue that can cause a false positive is the blood disorder known as anaemia. Anaemia involves a lower-than-normal red blood cell count, which means the breathalyzer is not calibrated properly for a person with this health condition.
Blood alcohol could appear falsely high on these tests if the individual’s body temperature was even a little higher than normal. The person needs to act fast to prove he or she has even a slight fever. However, it won’t work to make this claim days after the arrest, unless there is proof.
A related aspect involves hot flashes during menopause. An attorney with a firm such as the Law Offices of Tim Hartley may be able to use this type of defense if a doctor, or acquaintances of the woman, confirm that she is subject to hot flashes. This type of defense could be especially effective if the blood alcohol content was determined to be only slightly higher than what is considered legal. See the website to find contact information for this particular law firm.