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Can you challenge a breath test result?

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Posted By McAdams Law | April 13 2022 | DUI, Firm News

Many drivers worry that breath tests or chemical tests provide concrete evidence of wrongdoing when facing the Colorado criminal justice system. The concern is that the results of various tests are unassailable and virtually guarantee that drivers will face steep penalties for DUI or DWAI. Fortunately, no system delivers perfect results and there are many methods of investigation designed to uncover flaws in a case.

While every situation is unique, breath test challenges often center on numerous questions that come up during an investigation. The questions can include:

  • Was the law enforcement officer properly trained in use of the apparatus?
  • Was the apparatus properly cleaned and stored between uses?
  • Was the apparatus properly calibrated to ensure an accurate reading?
  • Were there environmental factors that could impact the results?
  • Were there personal factors such as diet or medication that could impact the results?

Any of these questions can tilt the case in favor of the driver. No matter the circumstances, it is crucial that a driver take the time to build a strong, effective defense. Most often, a skilled legal defender is necessary to develop a quality case.

It is imperative that Colorado motorists aggressively fight when facing a criminal conviction for a drunk driving charge. Criminal consequences can last an extended period and cause a significant disruption. From fines and jail time to increased insurance premiums and the installation of an ignition interlock device, drivers often face difficult penalties. In serious circumstances, the driver will lose his or her driving privileges.

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