I read that most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible. Can the case be thrown out due to test operator unlicensed or operator license expired?
Gary Churak's Answer
In order to operate an Intoxilizer 5000 in Texas the operator must be certified by the Texas Department of Public Safety. In addition the machine must be properly calibrated and inspected on a regular basis. A Failure to comply with these requirements can lead to the inadmissibility of the BAC evidence through a Motion to Suppress. Information regarding the arresting agency’s Intoxilizer 5000 status can be obtained by the defense counsel from DPS through the filing of Discovery Motions.