While breath analysis is the most common way to test in DUI cases, it is not the most accurate, compared to blood tests.  The state of Colorado uses the Intoxilyzer 9000, which replaces the Intoxilyzer 5000EN.



This technology uses the partition ratio with the ratio of alcohol that is dissolved into the bloodstream versus what is exhaled.  The ratio of 2100:1 assumes that one milliliter of blood contains 2100 times more ethanol alcohol than one milliliter of breath.


Many breath-testing devices, including the Intoxilyzer 9000, are not supported by scientific facts or other relevant data.  This often results in breath test results that are highly inaccurate and not reliable.  A knowledgeable Colorado DUI defense attorney will base their defense on the unreliability of breath tests, in general as well as any flaws detected in every case.


The Intoxilyzer 9000 has not only been proven to have flaws when to calculating blood alcohol levels but often there is a lack of training when it comes to administration.  All operators must be trained and be re-certified in order to conduct breath tests on DUI suspects but often, this is not the case.  Test errors and inflated results are common, which can obviously have a negative effect on a DUI case.  To read more about the Intoxilyzer 9000 and the Evidential Breath Alcohol Testing Program in Colorado, visit the Colorado Department of Public Health and Environment website.


Using a DUI lawyer who is familiar with Colorado law is necessary when it comes to reviewing scientific evidence and other data from the Colorado Department of Public Health and Environment. They have the knowledge and experience to uncover any flaws that are found in breath alcohol testing results.


There are only seven (7) days to request an Express Consent hearing at the DMV, if you were arrested for DUI and given a breath test.  Should you fail to request this, you lose your right to a hearing and your driver’s license is revoked on the eight day.