Last year, it was discovered that 33 breathalyzer tests in Weld County DUI and DWAI cases (C.R.S. 42-4-1301) were affected by quality control issues. This just goes to show that equipment used by law enforcement in Greeley, Evans, and Erie aren’t always accurate. When it comes to a DUI or DWAI ticket, you need an expert criminal defense attorney to examine the evidence against you to point out flaws and quality issues which can mean the difference for you in court. Let’s look at the breathalyzer test quality issues in order to understand what they mean for you in our case.
The Problem with the Intoxilyzer 9000 Breathalyzer in Weld County: Quality Issues
According to reports, the breathalyzer used for over 30 cases in Weld County (an Intoxilyzer 9000), didn’t have the proper tolerance target entered, and the police officers performing the tests didn’t catch the calibration errors. An experienced DUI attorney caught the errors and alerted the police. While this was a specific quality issue, the Intoxilyzer 9000 suffers from many flaws which many people don’t know about. There are many factors which can influence the accuracy of the breathalyzer reading. These are:
- The use of items which contain alcohol, such as mouth wash, cough syrup, or breath mints immediately before being screened.
These factors can influence the accuracy of the breathalyzer reading:
- Burping during the screening.
- Holding your breath.
- Inaccurate operation (as seen in Weld County)
- Dental appliances and implants
- Higher body temperature
Why You Need a Lawyer for DUI and DWAI Charges
Many people aren’t aware that a DUI conviction in Morgan, Logan or Weld County is permanently on their record and can’t be sealed. This can be troublesome in the future, when you’re looking for a job or a place to live. Don’t plead guilty to avoid jail time. Contact a skilled criminal defense lawyer who will fight to get you the best possible outcome in your Driving Under the Influence or Driving While Ability Impaired case. A knowledgeable criminal defense attorney can make a big difference because we know how to use the failures, flaws, and weaknesses of the breathalyzer machine to your best defense.
If you or a loved one faces charges of a DUI or DWAI, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
Image Credit: Pixabay – miguelrd68