Breatherlizer testing
When given a breatherlizer test for detecting alcohol, can the police officer use the same tube & mouthpiece twice when you've already blew into the tube once and then the police officer turned the tube around and made me blow into the tube again - is this lawful? Is it not entrapment?
1 Answer from Attorneys
Re: Breatherlizer testing
The breath testing machine in use in Texas is the Intoxilyzer 5000. This machine requires two breath specimens which are compared and must be within a certain tolerance for the test to be considered valid. Accordingly, the police will request two separate blows into the machine. The machine always uses the same tube, but the mouthpiece is removable and should be changed with each test. Failure to change the mouthpiece can result in contamination from one sample to the next and possible invalidate the test.
Wes Ball
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