Breathalyzer Test Results Denver County, Colorado
Various types of BAC breath testing machines (commonly called “Breathalyzers”) are used to measure a person’s blood alcohol content (BAC) based on indirectly measuring a sample of breath. These tests are the most commonly used techniques to establish BAC. Some people mistakenly think that they can ” beat ” a breathalyzer test. However, a better way to win is to remember that breath testing machines in Denver County are often inaccurate and your Colorado DUI lawyer can help you benefit from these inaccuracies. Currently, to face a DWAI/DUI in Colorado, one’s BAC would need to read at or above .05% (DWAI), or .08% (DUI).
Refusing DUI Test Colorado
There are only two methods of measuring BAC that are admissible in Colorado at trial: blood or breath.
The small hand-held PBTs (portable breath tests) that law enforcement officers use in the field are not admissible in court because Colorado courts have decided that such units are not accurate enough. Most people don’t realize that you are not required to submit to the PBT in Lakewood, and we recommend that you do not. If arrested, the police officer will then ask you to submit to a required blood or breath test at the police station or a hospital under Colorado’s Expressed Consent Law. If you do not submit to the large desktop testing machine or to a blood test, you will most likely lose your license for a year. As of July 2010, your sentence for a refusal will include some jail time, even for a first-time offense. We recommend submitting to the breath test at the Colorado police station if the officer requests that you take one.
False BAC Readings In Arapahoe County
BAC false readings can and often do occur. For example, cough syrup, mouth washes, foods and breath sprays can produce false readings. Chemicals present in a person’s body that resemble ethyl alcohol can also influence the Arapahoe County BAC test result. Modern machines have attempted to control these problems, but their reliability is questionable.
Even body temperature can cause a false BAC reading in Jefferson County. The BAC testing machines are calibrated as if each subject blowing into the machine possesses a certain body temperature. However, scientific evidence has shown that any subject’s body temperature varies several degrees during any given day, (e.g., depending on the time of day and the level of emotional and/or physical stress the subject is under) and a sick subject’s body temperature could be elevated as a result of a fever.
DUI/DWAI Attorney And Breathalyzer Inaccuracies In Douglas County
These Colorado breath testing machines are complicated and require a strict level of maintenance to ensure they operate properly. Further, Douglas County and Adams County police officers are not always properly trained or informed about the blood alcohol testing machines. They also sometimes bypass or ignore important protocols that are put in place to control some of the environmental and physiological variables that can produce inaccurate test results or a false positive.
You and your Colorado DUI lawyer have the right to review the calibration records for the machine that was used in your case. An experienced Colorado DUI/DWAI attorney can help in determining if a defense can be made on the basis of poor calibration, untimely maintenance, inaccurate operation, or even falsified certificates.
If your BAC result is above the legal limit, or you are facing charges for a DUI refusal and want the case dismissed, the O’Malley and Sawyer attorneys are well versed at looking into every possibility that may help you win your case. Contact us today at 303-731-0719 for a free initial consultation. Together, we can protect your future.