The Serious Problems with Texas’ Breath Test Program

In my last trial, Tarrant County Criminal Court no.2, cause no. 1528525, the State's expert readily conceded facts about Texas' breath test program that are unacceptable.   (fig. 1) The Intoxilyzer 9000 First, The Texas Department of Public Safety, a law enforcement agency,  runs the breath test program for the entire state of Texas. The Scientific Director for Texas DPS comes up with the regulations and oversees the program.  For scientific integrity, a law enforcement agency should never be in charge of forensic, scientific evidence. There are no checks and balances in this system. Power is very dangerous when it all rests in...

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