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Was your failed DUI breath test due to officer error?

Posted on January 25, 2021

Few things can ruin your fun trip to Breckenridge faster than a DUI or DWAI stop. To determine if you have a blood alcohol concentration above Colorado’s legal limit, the officer who stopped you may have asked you to breathe into a testing device.

While DUI breath test results are usually admissible in court, they are not always accurate. If the officer made some mistake when testing your breath sample, you may be able to argue the test issued a false-positive result.

Storing the testing device

Manufacturers of breath testing devices often have strict requirements for storing their products. If the officer did not store the device properly, it may not have produced reliable results. Therefore, you may want to look at the officer’s records for signs of improper storage.

Calibrating the testing device

Just as officers must store testing devices properly, they must also calibrate them regularly. If the officer who arrested you did not calibrate the device before you breathed into it, you may have a legitimate reason to question the reliability of the test’s results.

Administering the breath test

Before asking you to breathe into the testing device, the officer should have explained how to provide a useful sample. The officer should also have monitored you to be sure you performed the test correctly. These are basic job requirements for patrol officers.

Ultimately, whether you choose to attack the validity of a DUI breath test probably depends on a few factors. Still, if the officer administered the test incorrectly, you should not have to live with the serious consequences that may stem from a false-positive result.