• Breath Tests


    When you are suspected of DWI, technology can play a role in whether or not you are charged. Field sobriety tests are not technologically controlled, as they are simply up to the perception of the officer on the scene. These tests involve walking a straight line, standing on one foot, saying the alphabet backwards, and other such tests. A person can fail them because they are ill, because they have a physical disability, or the officer may perceive a failure.

    Technology comes into play when it comes to breathalyzer tests and the evaluation of urine and blood testing that determines the amount of alcohol in a person’s blood. At any point, technology can fail and that can affect the result that is given. That means a person can be charged when they are innocent or the charges could be exaggerated in some way, causing them to be more serious than the offense was.

    If you have been charged with DWI, it is important to seek representation as soon as possible so that you are able to defend yourself against the charges. With the help of an experienced St. Paul & Minneapolis DWI attorney, you can obtain a much better result in your case based on the facts.


    There are many factors that come into play when determining whether or not a person is intoxicated. DWI is typically based on the amount of alcohol in a person’s blood. Alcohol is typically eliminated from the blood at a steady rate, but the degree of intoxication depends on how quickly the alcohol is absorbed. If the alcohol is not rapidly absorbed, then the blood alcohol level will get high slowly and so will the person drinking. If it gets high fast, then the blood alcohol level will get high really fast. There are many complex factors that come into play when it comes to blood alcohol concentration. Scientists have developed a number of methods for measuring this concentration and they are working on making it better.


    It is even possible for you to be charged with DWI even if you pass your breath test. It is important to remember that DWI also encompasses illegal substances. If an illegal substance is found in a blood or urine test, then the charge will move forward.

    Your Minneapolis & St. Paul DWI lawyer will work hard to show the facts in the case and what the outcome should be and why. That way you can move past the charge and toward a more productive future.



    After the Intoxilyzer 5000EN that Minnesota used to test breath samples from DWI suspects resulted in a lot of cases being challenged because the manufacturer would not reveal the source code, the state decided to go with the DataMaster DMT.

    Just like the Intoxilyzer, the DataMaster DMT tests a person’s breath to find out how much alcohol they have in their bloodstream. The DataMaster was chosen as the replacement in order to prevent accuracy and reliability disputes. However, there are still questions as to whether the DataMaster is perfect. When looking at your case, your Minneapolis DWI attorney may find reason to challenge the results.


    It has always been rather mysterious how breath test machines work. The technology in the DataMaster DMT is infrared spectrophotometry. In other words, it uses a beam of infrared light to measure a person’s blood alcohol concentration with their breath. Infrared light is absorbed by ethanol.

    The sample is captured and it enters a chamber that then vibrates the ethanol molecules. These molecules absorb a great deal of infrared light. The amount of infrared energy that is absorbed is how the breath sample is measured. The machine concludes that alcohol is present in the bloodstream. When the police officer looks at the screen, they see the breath flow of the individual, as well as what their alcohol absorption curve is in real-time. It also gauges how cooperative the individual was during the test.

    The DataMaster DMT keeps a record of the tests that are performed on it. That is so the information can be retrieved in the future and used in the DWI case.


    The accuracy of the DataMaster DMT is considered much better than the Intoxilyxer. This is why the Intoxilyzer was completely replaced by the DataMaster. The electronic functionality of the new device is considered to be better and more advanced.

    However, technological advancement doesn’t always mean perfection. A device is only as good as the user and its maintenance. This means that there are times when the results can be contested. Your St. Paul DWI attorney may pull the maintenance records on the DataMaster used to perform the breath test because authorities sometimes neglect the maintenance log in exchange for other responsibilities that have to be fulfilled. If there are errors or discrepancies in the machine’s log, in the usage of the machine, and whether or not the alcohol concentration came from the mouth or the lungs.