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DUI Lawyer Denver Thornton | Breathalyzer Test Colorado

Breathalyzer results are not a cut-and-dried case of guilt or innocence. Breath testing is a science, routinely conducted by laypeople such as police officers and jailers, and inaccurate results or faulty testing procedures are frequently subjected to courtroom challenges.

The Denver DUI Lawyers at Rosenthal & Heymann recommend that first-time offenders submit to a chemical test of either breath or blood, unless you think your BAC will be very high. For those with a previous DUI on their record, refusal is a viable option.

Challenging Colorado Alcohol Breath Test

Breath test results are frequently challenged based on a number of issues:

  • Improper administration.
  • Administrator lacked proper training or qualifications.
  • Inadequate maintenance of machine.
  • Test results were affected by characteristics of defendant, including burping, vomiting or even heartburn, which can impact results.
  • Consumption of mouthwash, lip ointment or other substances that can impact results.
  • Length of time between arrest and testing.

Colorado’s implied-consent law means drivers are presumed to have given consent to submit to a breath test when they received their driver’s license. Failure to submit to a breath test will result in a one-year suspension of your license. However, first-time offenders with a BAC of at least .20, and all repeat offenders, already face a suspension of their license for at least a year.

Results of the small portable breath-testing devices officers sometimes use at the scene are not admissible at trial. Motorists should politely decline to submit to these tests, as they are notoriously inaccurate.

In cases of vehicular homicide or vehicular assault, or in other cases where law enforcement has reason to believe a defendant under the influence caused a serious or fatal accident, a blood test may be required.

An experienced Denver drunk driving defense attorney can frequently challenge the validity of a breath test. Issues involving machine maintenance, officer training, and factors specific to each defendant, can influence the outcome of a breath test. At Rosenthal & Heymann, our experienced staff will thoroughly review your case and fight for your right to drive through the DMV’s Administrative Hearing. If you are facing Colorado DUI charges in the Denver area, including Aurora, Boulder, Englewood and Lakewood, call today for a free and confidential consultation to discuss your case.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation