If an officer in Denver County conducts a routine traffic stop and he notices signs of intoxication, there will be a series of steps the officer takes to determine whether or not you should be arrested for suspicion of Driving Under Influence of Alcohol (DUI). These steps include observations of your behavior and the request that you participate in roadside tests (it is never in your You are required by law to take a blood or breath test if you have been arrested for DUI or DWAI. Don't ever take a breath test on the side of the road, however. This will only your hurt criminal case.best interests to submit to these maneuvers). If the officer believes he has probable cause for your arrest, you will be arrested and taken to the police station where you are required to submit to a blood or breath test. The breath test is done using a Breathalyzer machine called the “Intoxilizer 9000” in Adams or Jefferson County. This test measures your blood alcohol content (BAC) when you blow into the apparatus. This is a common way to measure BAC levels; however, these tests results are not always accurate. According to rulings by Colorado appellate courts, the results can be discounted due to accuracy problems under certain circumstances.
Breathalyzer test results aren't always accurate.
Portable Breath Tests in Colorado
Another method of measuring BAC is a small, handheld, portable device called a Portable Breath Test (PBT). Law enforcement officers often use PBTs in the field. The PBT is not admissible Portable Breath Tests (PBTs) are not admissible at trial.at trial, because it has been proven to be inaccurate. Because of this, you are not required to submit to a portable breath test in Douglas County. Most people do not know this important fact. The attorneys at O'Malley and Sawyer recommend that you do not take the test since it is not in your best interest. However, if the officer charges you with a crime and takes you to jail in El Paso or Arapahoe County, you will be required to either do a blood or breath test at the station. Failure to do so will result in loss of license for a minimum of a year and jail time.
If you are arrested and submit to a breath test as required by law, there are several factors that can influence the accuracy of the reading on the Breathalyzer. These include cough syrups, mouth washes containing alcohol (such as Listerine), breath sprays, breath mints, burping, holding your breath, inaccurate operation by the officer, and dental appliances and implants.
- Cough Syrup
- Mouth Wash
- Breath Spray
- Breath Mints
- Holding Breath
- Inaccurate Operation
- Dental Appliances
Having certain chemicals or even a higher body temperature can also cause your BAC reading on the scale to be over the standard limit when it is actually below that level. An experienced DUI criminal defense attorney knows about the weaknesses and failures of the Breathalyzer machine, and can utilize them in your defense.
If you've been charged with a DUI or DWAI, work with an
attorney to ensure the best possible outcome in your case.
There Are Options Available for Your Defense
At O'Malley and Sawyer, we work hard to present a powerful defense on your behalf. We will research your BAC test results and see if inaccuracies are present in order to determine the best defense in your situation. Don't stand alone in front of a judge or jury and defend yourself. You need an advocate in court who can be your defender and tell your side of the story. You want one of our experienced DUI attorneys by your side.