DUI lawyer in Colorado Springs, Colorado

Breath Test Procedures In Colorado

Breath Test Procedures In ColoradoIn Colorado, as in many other states, law enforcement agencies rely heavily on breath testing to determine if a driver is under the influence of alcohol. The test, which analyzes the concentration of alcohol in a person’s breath, serves as critical evidence in DUI cases. It’s essential to understand the procedures, their validity, and possible defense strategies in the event of a false positive result

Breath Testing Devices in Colorado

In Colorado, breath testing for alcohol concentration is primarily conducted using devices approved by the Colorado Department of Public Health and Environment. These devices include the Intoxilyzer 9000, among others. The Intoxilyzer 9000 is a stationary machine typically found at police stations and uses infrared spectroscopy to detect alcohol levels in breath samples. While these machines are scientifically reliable, they are not flawless and can produce inaccurate results due to various factors, including improper calibration or maintenance.

The Breath Test Procedure

When a police officer has reasonable suspicion that a driver has been drinking and driving, he or she will request a breathalyzer test. The officer then asks the driver to blow into the breath testing device. To ensure accuracy, the driver is usually asked to take a deep breath and blow steadily into the mouthpiece until told to stop. The breath testing device then analyzes the breath sample and provides a reading of the alcohol concentration. To make sure the driver hasn’t ingested anything that may skew the results, the officer should keep a close eye on them for at least 20 minutes before performing the test.

Validity of Breath Testing

Breath tests are generally accurate, but they are not perfect. Several factors can influence the results, including the device’s calibration, the driver’s body temperature, and the presence of mouth alcohol, among other things. Moreover, a breathalyzer only provides an estimate of blood alcohol concentration (BAC), not a precise measurement. Therefore, it’s essential to remember that there’s always a margin of error in breath test results, and these results can be contested in court under certain circumstances.

Legal Limits and Consequences

In Colorado, it is illegal for a driver to operate a vehicle with a BAC of 0.08% or higher. This limit drops to 0.04% for commercial drivers and 0.02% for drivers under 21. A breath test result above the legal limit can lead to severe consequences, including arrest, fines, loss of driving privileges, and even jail time. Additionally, Colorado has an Expressed Consent Law, meaning that by driving on Colorado roads, you’ve agreed to submit to a chemical test if lawfully asked by a law enforcement officer.

Refusing a Breath Test in Colorado

Refusing a breath test in Colorado comes with its own set of penalties, thanks to the state’s Implied Consent Law. If a driver refuses a breath test, their license will be immediately suspended, and they could face longer suspension periods than those who fail the test. Additionally, refusal can be used against the driver in court as evidence of guilt.

Understanding the Implied Consent Law

Implied Consent Law in Colorado states that any person who drives a motor vehicle on Colorado roads automatically consents to chemical testing if lawfully requested by a police officer. This means that refusing to submit to a breath or blood test can lead to immediate penalties, regardless of whether the driver was intoxicated or not. It’s crucial to understand this law and its implications to avoid any unintended legal issues.

Defense Strategies for Breath Test

Various defense strategies can be used if you believe your breath test result was inaccurate. The exam results, the officer’s observations, and the entire procedure might all be called into question. Hiring an experienced DUI attorney is crucial to navigate these defenses effectively.

False Positive Results

False positives in breath tests can occur due to various reasons, including certain medical conditions, diet, or even the use of some mouthwashes or breath fresheners. If you believe you’ve received a false positive result on your breath test, it’s essential to seek legal counsel promptly. An experienced attorney can help investigate the situation and possibly challenge the test results.

Breath Test vs. Blood Test

While breath tests are more commonly used due to their convenience, blood tests are often considered more accurate. A blood test measures the actual amount of alcohol in the blood, rather than estimating it based on breath. However, blood tests are more invasive and time-consuming, and they require more stringent handling and storage procedures to ensure the samples’ integrity.

Impact on Driving Privileges

A failed or refused breath test can have significant impacts on your driving privileges in Colorado. This may include immediate license suspension, mandatory alcohol education courses, and the installation of an ignition interlock device in your vehicle. Specifics may differ based on the nature of the incident and the driver’s history of drunk driving convictions, if any.


  1. What happens if I refuse a breath test in Colorado? Refusing a breath test in Colorado can lead to immediate license suspension and can be used as evidence against you in court.
  2. Are breath tests always accurate? While breath tests are generally reliable, they are not flawless and can sometimes provide inaccurate results due to various factors.
  3. Can I contest the results of a breath test? Yes, with the help of an experienced DUI attorney, you can challenge the results of a breath test in court.
  4. What is the legal BAC limit in Colorado? The legal BAC limit in Colorado is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
  5. What is the Implied Consent Law? The Implied Consent Law states that by driving on Colorado roads, you consent to chemical testing if lawfully requested by a police officer.
  6. What distinguishes a blood test from a breath test? A breath test estimates BAC based on a breath sample, while a blood test measures the actual amount of alcohol in the blood.
  7. Can certain medical conditions or substances cause a false positive in a breath test? Yes, certain medical conditions, diets, and even some mouthwashes or breath fresheners can potentially cause false positives in breath tests.
  8. What are some defense strategies for breath tests? You can defend yourself against breathalyzer charges by raising doubts about the accuracy of the test, the officer’s presence, or the results themselves.
  9. What impact does a failed breath test have on my driving privileges? A failed breath test can lead to license suspension, mandatory alcohol education courses, and possibly the installation of an ignition interlock device in your vehicle.
  10. Is it possible to drive again after a DUI conviction in Colorado? Yes, but there are often conditions such as completing alcohol education courses and possibly using an ignition interlock device.

Understanding the breath test procedures in Colorado is essential for every driver in the state. It’s crucial to consider not just the methodology, but also the equipment used, test findings, and legal implications. Furthermore, the matter is made more complicated by the state’s Implied Consent Law’s penalties for refusing a test, the possible defense strategies, and the danger of false positives. However, it’s important to remember that if you find yourself in a situation where you believe the breath test results were incorrect, seeking legal advice is crucial. An experienced DUI attorney can help guide you through the process and possibly challenge the results, if applicable.

Finally, it’s worth noting that the best strategy to avoid any issues with breath tests or DUI charges is to always drive responsibly. Ensure you’re sober or have arranged for alternative transportation if you plan to drink. This simple step can save you from potential legal troubles and, more importantly, can contribute to the safety of everyone on the road.


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