Court of Criminal Appeals of Texas

It is not a part of the predicate for the admissibility of breath test results, including intoxilyzer results, that the operator of the apparatus himself understand the scientific and technological principles behind the apparatus, so long as he is properly certified under the statute to operate it. When evidence of alcohol concentration as shown by the results of analysis of breath specimens taken at the request or order of a peace officer is offered in the trial of a DWI offense: 1) the underlying scientific theory has been determined by the legislature to be valid; 2) the technique applying the theory has been determined by the legislature to be valid when the specimen was taken and analyzed by individuals who are certified by, and were using methods approved by the rules of, DPS; and 3) the trial court must determine whether the technique was properly applied in accordance with the department's rules, on the occasion in question.

Appellate Information

• Decided 10/18/2006
• Published 10/25/2006

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• J. Craig Jett, Dallas, for Appellant., Wade Jackson, Asst. Crim. D.A., Lubbock, for State.