Colorado Breath Tests
Understanding DUI Laws in your Case
Breath analysis is by far the most commonly used method of testing for blood alcohol in DUI cases. While not as accurate or reliable as blood tests, they have generally been regarded as acceptably accurate for use in DUI investigations, if administered correctly.
Colorado uses the Intoxilyzer 9000 as the evidentiary breath testing device for all DUI-related breath tests in the state. The fundamental principle behind "breathalyzer" technology is the partition ratio. The partition ratio is essentially the blood to breath conversion ratio. This is the ratio of the alcohol dissolved in the blood to the alcohol exhaled in the breath. The currently used blood/breath partition ratio is 2100:1. This ratio assumes that one milliliter of blood contains 2100 times more alcohol than one milliliter of breath.
Flaws with the Breath Test
The Intoxilyzer 9000 and other breath-testing devices used around the country rely upon averages and assumptions that are not supported by science or fact. Thus, breath test results are highly inaccurate and unreliable. A properly trained Denver DUI defense attorney understands and knows how to attack breath test results on behalf of clients.
Not only does the Intoxilyzer 9000 have technical flaws and use averages and estimates to calculate BACs, but all operators must undergo training and re-certifications in order to conduct breath tests on DUI suspects. The lack of training and officer error is very common and will cause breath test result errors and inflated results. For more information on the Intoxilyzer 9000 and the Evidential Breath Alcohol Testing Program in Colorado, you can visit the Colorado Department of Public Health and Environment website.
Reviewing Breath Test Evidence
A detailed review of the prosecution's evidence and a request for specific records/discovery from the law enforcement agency and the Colorado Department of Public Health and Environment may reveal substantial problems with the breath alcohol test. Because of the scientific and evidentiary nature of breath alcohol testing, you need a Colorado DUI lawyer to defend your rights.
If you were arrested for suspected DUI and took a breath test, you only have seven days to request your Express Consent hearing at the DMV. If you fail to request this hearing, you lose the right to a hearing and your license will undergo automatic revocation on day eight. For more information on the Intoxilyzer 9000, Colorado breath tests, or requesting an Express Consent hearing, call The Orr Law Firm today to set up a free consultation with our dedicated DUI attorneys.
We are here to help you. You can reach our firm at (720) 619-2676.