Being faced with a Breathalyzer test in Colorado can be a nerve-wracking situation, especially when you are visiting from out of state. It's likely that you had a drink or two, but were convinced that you were not over the limit when you stepped into the car.
Although you felt confident that you would not blow over the limit, in the eyes of the law, a Breathalyzer test never lies. The sad fact of the matter is that, in reality, Breathalyzer tests can be extremely inaccurate, and they are used only as a field method to establish the general level of intoxication of a driver.
What can I do if I was charged with a DUI in Colorado, but I am convinced that I was not over the limit?
In a situation like this, as frustrating as it might be, it is important to remain calm and assess all of your options. It can be quite acceptable to challenge a DUI based upon your conviction that you were not over the limit. In the past, it has been shown that the process for the calculation of blood alcohol concentration (BAC) in Colorado has lacked integrity, and there may be ways that you can show that your test was potentially faulty.
Was my breathalyzer test calibrated?
In order for a breathalyzer to function adequately, it must be calibrated frequently. This means that it must be well maintained, and always be accurate enough to show the BAC correct to two decimal places. If your test result only showed your result to one decimal place, this is not scientifically accurate enough to be legally enforceable.
Was my breathalyzer test inaccurate for another reason?
If you were returning from the dentist or had recently used mouthwash, it is likely that this could have manipulated the results of the breathalyzer test. In addition, it is important that you did not eat, burp or smoke before taking the test.
If you have been charged with a DUI in Colorado based on the results of what you believe is an inaccurate breathalyzer test, you should take action immediately in order to defend yourself.