Well, Eric Dexheimer, on the Statesman’s Focal Point blog, actually asks the question “Do prosecutors walk the walk with DWI breath tests?”. The answer, of course, is usually a resounding “Hell No!” but a more interesting question is – if you believe me that the answer is “No”- then “Why Not?”

Could it

DWI lawyers know that most times their defense will be “the State can’t prove my client was intoxicated”. This usually comes up in breath or blood test refusal cases, where the defendant does well enough (not perfectly, just well enough) on the field sobriety tests.

Sometimes, the defense is that the State can’t prove that my

Practicing DWI defense in Austin, Texas, I concern myself primarily with the accuracy of the Intoxilyzer 5000, the machine Austin Police Department uses, not the Breathalyzer or Alcotest machines. But I ran across this article about pending litigation in New Jersey regarding use of the Alcotest 7110 in DWI cases, and wondered if anyone else had