How Accurate Are Breathalyzer Test Results?
When you are facing charges for driving while ability impaired (DWAI) or driving under the influence (DUI) in Colorado, a key piece of evidence in the prosecution’s case against you is most likely the result of a breath test or a blood test. While breathalyzers are used commonly by Colorado law enforcement, and the results from breathalyzer tests can be used by the prosecution to obtain a conviction, you may be wondering about options for refuting the results from the breathalyzer test you were given at the time of your arrest. In short, how accurate are breathalyzer test results?
While the Colorado Department of Public Health provides strict regulations for breath testing for alcohol, it is important to know that you may be able to contest the results of your breath test. Not only can various issues arise that can compromise the breath test results, but an ACS-CHAL Forensic Lawyer-Scientist has the knowledge and training to show, based on more exhaustive analysis of your breath test results, that the prosecution’s figures are inaccurate. Consider the following information, and reach out to our firm if you are facing DWAI or DUI charges based on breathalyzer results in Colorado.
How Breathalyzer Results Lead to DWAI or DUI Charges
Under Colorado law, you can face charges for a “per se” DWAI if you have a blood alcohol concentration (BAC) of 0.05 but less than 0.08 percent, as shown by a breathalyzer test. You can face “per se” DUI charges under Colorado law if you have a BAC of 0.08 percent or higher. And when a person’s BAC is 0.15 percent or higher, they can face enhanced charges with more severe penalties.
There are different methods of testing the breath sample that is taken by a breathalyzer, and the methods used by the prosecution may not be the “gold standard.” As such, the results may not be as accurate as they could be. In addition, other issues can arise that can compromise the breathalyzer results, such as a defective breath test machine, improper training by the law enforcement official conducting the test, or a tainted breath sample.
How an Attorney Board Certified in DUI Defense by DUIDLA Can Contest the Accuracy of the Prosecution’s Breath Test Results
When you are facing DWAI or DUI charges based on chemical testing, it is essential to work with an attorney who is Board Certified in DUI Defense by DUIDLA to build your defense. Defense lawyers with this type of certification have expertise in nuanced and in-depth specific scientific methods — “gold standard” methods — to analyze the results from your breath test.
Having this certification means a national association, DUILA, has vetted the attorney’s experience, skills, knowledge, trial ability and scientific knowledge through a rigorous examination. There is currently only one attorney with such recognition in Colorado, Reid DeChant, and having him on your team means you will leave no stone unturned when it comes to challenging the breath test. We don’t simply accept the number without asking the right questions first.
Contact a Denver DUI Defense Lawyer to Prove Your Breathalyzer Test Results Are Erroneous
Are you facing DWAI or DUI charges in Colorado? An experienced Denver DUI defense attorney at DeChant Law who is an lawyer who is Board Certified in DUI Defense by DUIDLA who can begin working with you on your defense today.
Source:
sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=7962&,fileName=5%20CCR%201005-2
