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Being charged with a DUI in Colorado can have a huge impact on a person’s life. If convicted, it means the defendant will no longer be able to get to work easily, and this can limit their earning potential. This is why those who believe they have been wrongly charged with a DUI due to a faulty breathalyzer test should take action to defend themselves.
Breathalyzer tests are known for their convenience, and officers often rely on them to make the decision about whether or not a driver is actually impaired. However, breathalyzer tests can also be deeply flawed — and nobody should be convicted due to a test that’s inaccurate.
Consider the following:
The breathalyzer test can malfunction
Colorado law demands that Breathalyzers be correctly calibrated and maintained. If you witnessed very disparate results on the Breathalyzer reading or you believe that the machine was otherwise malfunctioning, you may be able to invalidate the result that the test gave.
The breathalyzer test measures your breath, not your blood
The law prohibits drivers from having a blood alcohol concentration (BAC) of 0.08% or more. However, Breathalyzer tests measure your breath, not your blood. This essentially means that the test gives nothing more than an estimate of your BAC. Conditions such as acid reflux can influence the amount of alcohol in your breath, therefore causing the Breathalyzer test to give an inaccurate reading.
By understanding DUI law in Colorado you will have the tools to be able to adequately defend yourself. It is important that you do not delay taking action to have your charges dismissed.