Colorado Springs DUI Defense Lawyers
Reliability of Breathalyzer Results in a Drunk-Driving Case
Machines will function properly only if they are made, used, and cared for in a certain manner. While this concept ultimately applies to all types of devices, it is particularly important in regard to blood alcohol concentration (BAC) testing units. That is, if a BAC testing device is not used in the correct manner, or properly calibrated prior to use, then the results associated with that device should not be considered accurate by any means.
Colorado Implied Consent Law
Any driver who is found to have a BAC of 0.08% or higher is considered intoxicated according to Colorado state law. Officers have the right to test a driver's BAC levels through a statute known as the implied consent law. Specifically, the law reasons that any Colorado driver, through virtue of possessing a Colorado state driver's license, has agreed in reason to allow an officer of the law to conduct a BAC test in the event that a traffic stop is made under the suspicion of impaired driving. Although drivers do reserve the right to refuse BAC testing, the penalty for doing so involves a mandatory license suspension that is imposed in addition to any Colorado Springs DUI charges being brought against the driver (regardless of whether or not those charges are even eventually dropped).
Breath-test results often employed by Colorado law enforcement are far from being 100% accurate. While blood tests are certainly more reliable, breath tests are more often used during traffic stops. However, just because these tests are relatively commonplace does not mean that they are simplistic in their nature. A breathalyzer, which refers to a specific type of BAC testing device but is often used to generally refer to all such devices, is a complicated piece of machinery that requires not only extensive training to properly operate, but also careful upkeep and maintenance to ensure that results gathered from the device are as accurate as possible. There are numerous ways in which BAC testing via a breath test can be tainted, most of which will warrant any results gathered from the device inadmissible in a court of law.
Knowledgeable DUI Defense in Colorado
Colorado Springs DUI defense attorney Timothy Bussey is a certified Maintenance Technician of the Intoxilyzer 5000, a specific brand of breath testing device that is commonly used by Colorado law enforcement to determine an individual's BAC levels. He has an intimate understanding of exactly how the device works, and uses his knowledge to determine whether or not data gathered from such a device is accurate, and therefore admissible in a Colorado court of law. In addition, attorney Bussey is also a certified NHTSA (National Highway Traffic Safety Administration) Field Sobriety Testing Instructor, so he is very aware of what the arrest procedure for a DUI traffic stop should be from start to finish, and will examine the circumstances of an arrest to assess whether an arrest was justified or not.
The Colorado Springs breathalyzer reliability lawyers at The Bussey Law Firm, P.C. represent individuals who have been accused of operating a vehicle while under the influence in the state of Colorado. If you or a loved one has been accused of DUI, please don't hesitate to contact our office more valuable information which could mean the difference between your freedom and incarceration. We offer free consultations, and are available via phone at (719) 475-2555. Breath tests are not always accurate, let alone properly conducted, and a thorough investigation of the circumstances surrounding your arrest will help us determine is procedure was breached during your arrest.
Colorado Springs, Colorado, DUI defense attorney Timothy Bussey provides experienced and aggressive DUI criminal defense representation for clients in El Paso County, Teller County, and Pueblo County, including the cities Colorado Springs, Monument, Manitou Springs, Woodland Park, Pueblo, Cripple Creek, and Castle Rock.
February 3rd, 2012