The History of Breath Testing in Texas

What type of DWI breath testing instruments are used in the State of Texas? Over the years, several different breath test machines have been used in Texas including:

  • the Breathalyzer® in 1968;
  • the Intoxilyzer 4011AS-A in 1980;
  • the Intoxilyzer 5000 in 1988.

Along with the introduction of breath testing in Texas, the Texas Legislature passed the Implied Consent Law in 1969. The implied consent law in Texas gave the authority to the Texas Department of Public Safety to develop rules and regulations for breath alcohol testing throughout the state of Texas.

The Texas Breath Alcohol Testing Regulations establish the rules for the administration of breath alcohol testing. The rules apply to the instruments, program supervision, testing methods, and operator certification. The rules are based on case law and statutes.

The rules also rely on recommendations from the National Safety Council Committee on Alcohol and Other Drugs, the National Highway Traffic Safety Administration, and the Department of Transportation. Breath test operators are required to strictly adhere to these rules.


Technical Supervisor in the Texas Breath Alcohol Testing Program

The state is divided into more than forty Technical Supervisor areas in order to administer the responsibilities of the breath alcohol testing program. Within their assigned area, Technical Supervisors are trained to administering, regulating, and enforcing the Texas Breath Alcohol Testing Regulations and all aspects of breath alcohol testing.

Many Technical Supervisors are employed by the Department of Public Safety. The rest of the Technical Supervisors are employed by local agencies including counties, cities, and colleges. Several private contractors provide services to municipalities or counties. 

Many Technical Supervisors are employed by the Department of Public Safety. The rest of the Technical Supervisors are employed by local agencies including counties, cities, and colleges. Several private contractors provide services to municipalities or counties. 

Technical Supervisors supervise the breath alcohol testing activities of all of the breath test operators in their assigned area. Breath test operators are employed by the police departments at the city level, sheriff’s offices and constables at the county level, and DPS and the Texas Parks and Wildlife Department at the state level.


Finding DWI Breath Test Lawyers in Fort Worth, TX

The attorneys at Law Offices of Richard C. McConathy are familiar with breath testing instruments and equipment used by local law enforcement agencies in Fort Worth, Arlington, and the surrounding areas in Tarrant County, TX. If your criminal charge for driving under the influence (DWI) involves a breath test on the Texas Intoxilyzer 8000, then contact an experienced attorney at Law Offices of Richard C. McConathy.

Call us to find out more about problems with the breath testing machine used in Texas and ways to fight these cases at trial for a not guilty verdict even if your BAC was determined to be over the legal limit of .08 by the machine.

Call us at (817) 422-5350 for a free consultation.


This article was last updated on Friday, April 29, 2017.

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