Colorado Breath Tests
Once an officer has probable cause to believe that a driver has violated one of Colorado’s drinking and driving statutes, he or she will request that a defendant submit to a chemical test. In most cases a suspect is given the choice of submitting to a breath test or a blood test. The most common chemical test is the breath test. In Colorado, the Intoxilyzer 5000EN is used for all breath tests. Unlike the preliminary breath test, the results of a properly administered breath test on the Intoxilyzer may be admissible at court.
Although the results of breath tests may be admissible in court against a defendant, breath tests are notoriously inaccurate. One reason the tests are unreliable is that they rely on “scientific” presumptions that do not always hold true. For example, a breath test assumes a blood/breath partition ratio of 1:2100 – that is, the same weight of alcohol will be contained in one cubic centimeter of blood as in 2.1 liters of breath. However, this ratio is only an average and can vary in any individual from 1:1500 to 1:3000. As a consequence, the results of a breath test may be off by as much as .03.
Finally, a breath test must be administered in substantial compliance with regulations promulgated by the Colorado Department of Public Health and Environment. For instance, in order to ensure that the results of breath test are not contaminated by belching or regurgitation, the police must observe the suspect for 15 to 20 minutes before administering the test. If the police fail to follow these regulations, the validity of the test may be called into question and in some cases, the test may not be admissible in court altogether.
If you have been arrested for DUI and submitted to a breath test it is important to contact an attorney who practices DUI defense. Although it may seem that the test results prove you broke the law, the reality is that there may be a number of facts that will prove the test results were not accurate. Contact The Adams Law Firm today and we will explain your rights and the defenses available to you.
