Can I Challenge Breathalyzer Results?
Were you recently arrested for driving while ability impaired (DWAI) or driving under the influence (DUI) in the Denver area? If so, you were likely given a breathalyzer test that registered your blood alcohol concentration (BAC). Based on breathalyzer results, you can face DWAI charges in Colorado if you have a BAC of 0.05 percent or higher but less than 0.08 percent, and a DUI if you have a BAC of 0.08 percent or higher. Your charges will be more serious and you will be subject to more severe penalties, even if this is your first DUI, if your breathalyzer results show a BAC of 0.15 percent or higher.
Under any of the above circumstances, you may be wondering if there are ways to challenge the breathalyzer results. The answer is yes. While the best DWAI or DUI defense will depend on the particular facts of your case, if there is a way to effectively challenge the breathalyzer results, it may be possible to get the charges against you dropped. The following are some of the most common ways that breathalyzer results get challenged in Colorado.
Improper Testing Procedures
Any law enforcement official who conducts a breathalyzer test must be properly certified under Colorado law. If the law enforcement officer who conducted your breathalyzer test was not properly certified or did not use proper procedures, the results may be invalid.
Use of Unapproved Breathalyzer Device
Breathalyzers used for the purposes of arresting a person for and charging a person with a DWAI or DUI must be a certified breathalyzer type under Colorado law. If an unapproved or uncertified device was used, its results are likely invalid.
Breath Sample Was Insufficient
In order for breath test results to be valid, there must be a sufficient sample of your breath. In short, the test must collect deep breath samples. If it fails to do so, the results may not be valid. Making this type of determination can be complicated, so it is important to have a defense attorney review the details of the breath sample and the results.
Only One Sample Was Taken
Two breath samples that both meet all requirements under Colorado law must be taken, and they must show little differentiation between them (suggesting their accuracy). If only one sample was taken, or if only one sample that was taken is valid, the breathalyzer results may not be usable against you.
Mouthpiece Was Reused
Each time a person is subjected to a chemical test involving a breathalyzer, a new mouthpiece must be used. If a mouthpiece was reused, you may be able to argue that the alcohol concentration that was reflected in your breath test was a result of a previous person’s level of intoxication.
Contact a Denver DUI Defense Attorney for Assistance with Your DWAI or DUI Defense
Are you currently facing DWAI or DUI charges based on the results of a breathalyzer test? You may be able to challenge those breathalyzer results. An experienced Denver DWAI and DUI defense lawyer at DeChant Law can learn more about the facts of your case and can help you to begin developing a defense to avoid a DWAI or DUI conviction. Contact our firm today to learn more about how we assist Colorado drivers with DWAI and DUI defenses.
Source:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
