Houston DWI Attorney Paul B. Kennedy
1415 North Loop West, Suite 102, Houston, Texas 77008
Tel: (713) 864-9727  Fax: (866) 587-2584
DWI Defense, Criminal Defense, Traffic Tickets, Family Law
INTOXILYZER RECORDS FAKED!
According to the DPS, a Houston-area Technical Supervisor
faked maintenance records on the machines she oversaw as
part of the State's Breath Alcohol Testing Program.
 

This is the press release from The Texas
Department of Public Safety (10/24/08).

This is the account from The Houston Chronicle
(10/24/08)

HOUSTON — Hundreds of alcohol breath tests at eight
Houston-area police departments may have been
compromised because the breath test devices weren't
properly inspected, the Texas Department of Public Safety
said Friday.

An independent contractor or technical supervisor was
supposed to check each instrument's calibrations, but a DPS
audit found that electronic records had been altered to make it
look like breath analyzers were inspected when they weren't.

DPS officials said they suspended the supervisor's
certification, and the Texas Rangers launched a criminal
investigation.

"These are serious allegations and we will not tolerate any
activities that call into question the integrity of the breath test
system," said Col. Stan Clark, interim DPS director.


The DPS Forensic Breath Alcohol Laboratory regulates the
state's breath alcohol testing program. Technical supervisors
— those who work for DPS and those hired by police
agencies — are required to inspect each breath test
instrument at least once a month.

DPS officials say the contractor had been faking records up to
a year and that at least 2,600 DWI cases could be affected.
Prosecutors in each jurisdiction will decide whether those
cases would be thrown out, said DPS spokesman Tom
Vinger.

The breath test devices were used by the Clute, Friendswood,
Galveston, League City, Pearland, Seabrook, South Houston
and Webster police departments.
State's expert faked intoxilyzer
maintenance records
An internal Department of Public Safety
investigation has revealed that an unnamed
Technical Supervisor faked inspection records of
the Intoxi-liar. This criminal act has placed more
than 2,600 DWI arrests in the Houston-area in
question - and has raised serious doubts about
the reliability of the state's alcohol breath testing
program.

The person in question is a DPS-contractor and
not an employee. The breath machines in question
are located at:

  • Clute Police Department
  • Friendswood Police Department
  • Galveston Police Department
  • League City Police Department
  • Pearland Police Department
  • Seabrook Police Department
  • South Houston Police Department
  • Webster Police Department

Here is a (partial) listing of DPS-contracted
technical supervisors in the Houston area :

  • Becky Cuculic (Chemco Analysis)
  • Vicky Amszi (Lone Star College)
  • Amanda Culbertson (H.P.D. Crime Lab)
  • Jano Chiu (H.P.D. Crime Lab)
  • Dee Wallace (Galveston County)

Of the aforementioned Technical Supervisors, only
one, Dee Wallace, maintains the machines located
at the police departments cited above.

(I once sent a request to Ms. Wallace for intoxilyzer
maintenance and test records and received an
invoice for $145 for the 140 records I requested.
The most curious thing about the invoice was that I
was asked to make the check payable to Boy Scout
Troop 1221.)

For years attorneys have advised citizens to
REFUSE any request to blow into the state's breath
test machine due to inherent problems in the
methodology of breath testing. Now here is another
reason not to provide a breath specimen.

If you've been arrested for DWI, contact Houston
DWI Attorney Paul B. Kennedy. I will fight to restore
your name and reputation.
"The Defense Rests" October 24, 2008
If you were arrested and convicted of Driving While
Intoxicated as the result of a breath test and received a
letter from the Galveston County District Attorney
informing you that your breath test score may be invalid
due to the actions of Dee Wallace, you may be entitled to
relief.

immediately so that we may begin the process  
immediately