Colorado’s DUI Breath Testing – A Brief Description

Colorado’s DUI law, C.R.S. 42-4-1301, authorizes the use of a breath test for a DUI investigator. Colorado uses an Intoxilyzer 5000EN for breath testing in DUI cases. Breath testing has an advantage over blood or urine testing because it’s simpler and does not require urine or blood to be extracted.

The Colorado Department of Public Health and Environment, Laboratory Services Division is responsible for promulgating rules pertaining to testing alcohol and other drugs. The rules are found in 5 CCR 1005-2 which specify testing requirements for a legal breath test.

Breath tests do not truly analyze the person’s blood. The Intoxilyzer 5000EW measures breath, multiplies it by a constant, which, it is assumed, correlates the breath alcohol concentration to one for a blood test.

There may potential errors concerning a breath test. These errors may include a machine error, a breathing pattern error, a mouth alcohol error, or other potential errors. An experienced DUI attorney, such as Timothy Bussey, can review your case and look for potential breath testing errors.

Timothy Bussey was certified in 2004 to operate and maintain an Intoxilyzer 5000EW. This additional training helps look for potential breath testing errors in DUI cases. The Bussey Law Firm, P.C. has an Intoxilyzer 5000 on site for clients to view. Contact the Bussey Law Firm, P.C. to speak with an experienced Colorado DUI lawyer.

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