Colorado Springs Breathalyzer Test Attorney
Breathalyzer Test Overview
The breathalyzer test is also known as a preliminary breath test (PBT). These breath tests are used to measure a driver's blood alcohol concentration (BAC). In Colorado, a driver with a BAC between 0.05 and 0.08 percent is presumed to be driving while their ability is impaired by alcohol (DWAI), and a driver with a BAC of 0.08 percent or higher is presumed to be driving under the influence of alcohol (DUI). Both DWAI and DUI come with administrative penalties, and criminal penalties may also be imposed if the driver is convicted of either crime in court.
Breathalyzer tests work by analyzing a breath sample to determine what percentage of the total sample is alcohol. When a person drinks an alcohol-containing beverage, the alcohol is quickly absorbed into the person's bloodstream. It is carried along with the blood to all parts of the body, including the lungs. As a person breathes, the lungs pull in oxygen and push out carbon dioxide and other waste products, including some of the alcohol molecules in the blood that is flowing through the lungs.
A breath testing machine generally consists of a tube attached to a box, which contains a scanning device. The box usually has controls and a readout on one side. When a breath sample is blown into the tube, the scanning equipment inside the box "reads" the breath sample and notes how many alcohol molecules it "sees" versus how many molecules are in the entire sample. It then produces a number that represents the percentage of the total sample that is made of alcohol molecules.
Many different conditions can cause an inaccurate readout on a preliminary breath test. If the person giving the breath sample has anything in their mouth, like a breath mint, or has used alcohol-containing mouthwash or breath spray within 15-20 minutes of giving the sample, the reading may be artificially high. Likewise, if the person giving the breath sample does not fully empty their lungs while blowing, the reading may be too low, or the machine may refuse to give a reading at all.
In addition, all breath testing machines must be operated properly and must receive regular calibration and maintenance to ensure that they give accurate readings. An officer who does not follow proper operating procedures or who uses an improperly calibrated or maintained machine can end up making the wrong choice about whether or not to arrest someone for DUI, because the machine cannot give an accurate BAC reading.
Since conviction for DWAI or DUI in Colorado often depends on what a driver's BAC percentage was at the time they were pulled over, making sure the test was performed correctly on good equipment is crucial. Experienced Colorado DUI defense attorney Timothy Bussey is trained to calibrate, maintain, and operate the Intoxilyzer 5000EN, the type of breath testing machine used by most Colorado police units. Mr. Bussey has a thorough understanding of what it takes to get an accurate BAC reading on these machines, and he knows how to investigate a case in order to reveal whether there were any mistakes that could throw the BAC reading into question.
If you have been arrested for or charged with DWAI or DUI in Colorado, please don't hesitate to contact The Bussey Law Firm, P.C. We can help you protect your rights and fight for the best possible outcome in your case.
