If you have been arrested in Colorado because of a positive reading on a breathalyzer, do not panic. Any defendant who was convicted of a DUI because of a breathalizer test has the right to challenge the accuracy of breath tests.
Just because your reading on the breathalyzer was higher than the legal limit doesn’t mean you will automatically be convicted. Breathalyzers and other devices using breath to measure BAC can be extremely inaccurate, and your attorney can help you identify the weaknesses in the evidence against you. Read on to understand how a breathalyzer can be wrong and how to challenge the false evidence.
There are two types of breathalyzers used by police officers to measure blood alcohol levels. The first is a breathalyzer that uses semiconductor sensors. The second is a breathalyzer that uses a platinum fuel cell. The former use Tin oxide to detect ketones, which are used to estimate the amount of alcohol in your breath. Ketones are a product of breathing, meaning the reading may account for more than just alcohol, making it less accurate than platinum fuel cell breathalyzers. Platinum fuel cell sensors are generally more accurate, although subject to error, as these use an electrochemical process which oxidizes a breath alcohol sample which then produces an electrical current that is interpreted and calculated into a BAC reading.
The right procedure must be followed to get the correct readings. This means that the person conducting the test must know how to use the device and also guide you on how to blow into the machine the right way. The test should also be repeated at least three times to help check for the consistency of the results. If the officer didn’t follow these steps, the readings could be inaccurate.… Read more