In Colorado, breathalyzer tests are an integral part of DUI enforcement, governed by specific laws and regulations. The state’s implied consent law stipulates that by driving on Colorado roads, individuals implicitly consent to chemical testing if lawfully arrested for DUI.
Refusal to submit to a breathalyzer test can lead to immediate license suspension and contribute to subsequent severe consequences. Representation from a lawyer assisting with DUI charges in Denver is vital to ensure your rights are protected in these cases.
How Breathalyzer Tests Work (Breath Test to Measure BAC)
Breathalyzer tests work by measuring the concentration of alcohol in a person’s breath to estimate their blood alcohol concentration (BAC). When a person has consumed alcohol, some of it is absorbed into the bloodstream and eventually expelled through breath, sweat, and urine.
The breathalyzer device utilizes a chemical reaction involving alcohol molecules to generate an electrical current, which is then measured to determine the alcohol concentration in the breath. This measurement is converted into an estimated BAC, typically expressed as a percentage.
Factors Affecting the Ability to Pass a Breathalyzer Test
- The rate at which alcohol is consumed affects blood alcohol content
- Higher body weight may dilute blood alcohol concentration
- Variations in metabolic rates influence alcohol processing
- Food in the stomach can slow alcohol absorption
- Some medications can interfere with breath or blood test results
- Conditions like acid reflux may affect sample accuracy
- Higher or lower breath temperature can impact the results
- Temperature and humidity levels can affect device calibration
- Improper administration or calibration by law enforcement
- Accuracy of a test relies on proper calibration of the breathalyzer device
How to Pass a Breathalyzer: Tips for Accurate Breathalyzer Test Results
Remain Calm and Cooperate During the Test
Follow Instructions
Listen carefully to the instructions provided by the law enforcement officer administering the test. They will typically instruct you on how to provide a proper sample and what actions to avoid during the process.
Maintain Composure
Keep your composure and avoid displaying signs of nervousness or agitation, as this could be misinterpreted as guilt or impairment. Take deep breaths and focus on remaining composed throughout the test.
Avoid Interference
Refrain from interfering with the test or attempting to manipulate the results in any way. Any attempt to tamper with the breathalyzer device or obstruct the testing process can result in additional charges and legal penalties.
Requesting Legal Representation
If you have any concerns about the breathalyzer test or your rights during the process, calmly follow the officers procedures but keep track of what happened. You are unable to seek the advice of a lawyer regarding taking a blood or breath test.
Practice Proper Breathing Techniques
Deep Breaths
Take deep breaths before providing a breath sample to ensure that the air captured in the test is from deep within the lungs. Shallow breaths may result in lower-quality samples and potentially inaccurate readings.
Continuous Exhalation
Exhale steadily and continuously into the breathalyzer device until instructed to stop by the law enforcement officer. Interrupted or erratic breathing patterns can affect the consistency of the breath sample and compromise test accuracy.
Avoid Hyperventilation
While it is essential to provide a sufficient breath test sample, avoid hyperventilating or overexerting yourself during the test. Hyperventilation can alter the composition of exhaled air and may lead to skewed blood alcohol content readings.
Seal Lips Around Mouthpiece
Ensure a tight seal around the mouthpiece of the breathalyzer device to prevent outside air from contaminating the sample. A proper seal helps capture an uncontaminated breath sample and improves the accuracy of test results.
Additional Tips for Accurate Breath Testing
- Drink Responsibly: How much alcohol you consume at a time can make a difference to your breathalyzer results. Avoid binge alcohol consumption.
- Eat Before Drinking: Consuming food before or while drinking can slow alcohol absorption and lower BAC levels.
- Stay Hydrated: Drinking water between alcoholic beverages might help dilute alcohol in the bloodstream and reduce breath alcohol concentration levels during breath testing.
- Know Your Medications: Be aware of any medications you are taking and their potential interactions with your blood alcohol level or breath tests.
- Seek Legal Advice: If you are facing DUI charges, seek legal advice from a qualified law firm that can challenge the accuracy of breathalyzer tests and field sobriety tests as well as devise strategies for defense in court.
Potential Defenses a Colorado DUI Defense Lawyer Can Use to Challenge Breathalyzer Test Results
Improper Administration
Lawyers scrutinize the administration of the breathalyzer test, examining whether law enforcement officers followed proper procedures, provided clear instructions, and allowed sufficient observation time before administering the test.
Device Calibration
To beat a breathalyzer test, a defense attorney may challenge the calibration and maintenance records of the breathalyzer device, questioning its accuracy and reliability. Any discrepancies or irregularities in calibration could render the test results invalid.
Rising Blood Alcohol Defense
This defense argues that the defendant’s level of alcohol present in the blood was below the legal limit while driving but increased to an illegal level by the time of the breathalyzer test. Factors such as the passage of time, alcohol absorption rates, and individual metabolism may support this defense.
Environmental Factors
Lawyers may investigate environmental factors that could affect breath test results, such as air temperature and humidity levels. Extreme weather conditions or other environmental factors may compromise the accuracy of portable breathalyzer devices.
Medical Conditions
Certain medical conditions, such as acid reflux or diabetes, can impact breathalyzer readings. Defense attorneys may present evidence of medical conditions that could have influenced the test results or caused false positives.
Mouth Alcohol Contamination
Residual alcohol in the mouth from recent consumption, breath spray, drinking coffee, or dental procedures can contaminate breath samples, leading to artificially high BAC readings. Lawyers may argue that mouth alcohol contamination skewed the test results.
Breath Sample Quality
Defense attorneys may challenge the quality of the breath sample obtained for testing, citing issues such as insufficient volume, inadequate air pressure, or improper calibration records technique used during sample collection.
Chain of Custody
Lawyers may question the chain of custody of the breath test results, raising doubts about whether the samples were properly handled at the police station and stored from collection to analysis.
Get a Top-Rated DUI Defense Attorney in Colorado on Your Side
When facing DUI charges in Colorado, you need a dedicated and experienced legal team on your side to protect your rights and pursue the best possible outcome for your case. At the Law Office of Richard B. Huttner, our team of Colorado DUI defense lawyers is committed to providing aggressive and strategic representation to clients throughout the legal process.
Call the Law Office of Richard B. Huttner today at 303-997-1928 or contact us online to schedule a consultation and take the first step toward defending your rights and future.