In Greenwood Village, some breathalyzers are considered to be reliable instruments. The portable breath test on the side of the road is one instrument the police officer may use to determine sobriety. That one is not reliable. It could be very off as far as how much alcohol is in their system. The officer only uses that machine to show whether alcohol is present and to determine probable cause for an arrest of a person.
These PBT tests are completely voluntary. Attorneys often advise people not to do them, because they are not reliable, and they are only going to show the officer that they have alcohol in their system, which leads to an arrest.
There have been issues in the past with several of the machines, including the administration of the test and the officers not adequately trained on how to use it. Speak to Justie and Jenn at Nicol Gersch Petterson to learn about Greenwood Village DUI breathalyzers. Our diligent DUI attorneys could help you understand your rights and help you fight your case.
Some of the issues of breathalyzer accuracy in Greenwood Village include specific machines. There have been issues with the certifications of officers. There have been issues with the Department of Health.
There have been issues with staff at the Department of Health and certain machines not being accurate, being out of service, not being certified at the time, and not performing the test completely needed to get to the market to be used. The Department of Health is constantly working through those, and the police are working through those issues. It is important to see all the certifications from these machines to verify their accuracy.
Some common misconceptions about breathalyzers include that they do not have to participate in breath or blood testing. It is optional. If they refuse, they are going to potentially have a harsher license consequence, but they may also be able to get out of a DUI because they do not have a breath test or a blood alcohol level on them. It depends on what the person values more.
If you do not have any alcohol in their system or it is going to be low, you may want to participate in a breath test. If the result is below .08, then your license would not be revoked, however, a person may still be charged with a DWAI since .05-.08 is considered impaired in Colorado.
Some ways that breathalyzers could result in false positives or an inaccurately high BAC level include if they are not performed correctly, if they do not get the proper breath volume, and if the person is not doing it correctly.
Also, if the person has reflux or some other sort of stomach irritable bowel-type syndrome or stomach acid that naturally builds up more so than the average person, that could mess with the breath test results and inflate them. There are certain medical conditions that could also inflate the breath test. There are also certain medications that might interact with alcohol and potentially throw it off. It is fact-specific and thus important for an attorney to discuss all possibilities with the client.
Following an arrest for driving under the influence, it is imperative that you speak to Justie and Jenn at Nicol Gersch Petterson. They could help you understand the nuances of Greenwood Village DUI breathalyzers. Call today to discuss your case.