The legal standard throughout Colorado and America in general is that a person is innocent until and unless proven guilty. The presumption of innocence is a constiuationally-guaranteed right of all Americans, and while this is a noble concept, it is unfortunately a standard that — though often talked about — causes one to wonder if it is actually being practiced. One example of this concerns Breathalyzers used as a form of blood alcohol testing.
Several studies have called into question the reliability of the Breathalyzer in accurately establishing a blood alcohol level for a specific individual. On the surface, the entire process appears to be scientific in nature. However, these studies indicate that there is a wide margin for error and show that results are not consistent from person to person.
Research indicates that while results from a Breathalyzer test play a part in determining impairment, they are not as accurate as an actual blood test. When an individual is stopped by Colorado law enforcement, officers may ask to conduct a field sobriety and/or a Breathalyzer test if there is probable cause. Based upon the results of such tests and the circumstances involved, if the individual believes that the Breathalyzer has indicated an incorrect reading, he or she may want to request that actual blood tests be performed.
Those charged with drinking and driving will want an experienced legal team to help ensure that their rights are protected. Such charges, should they result in a conviction, carry with them a variety of consequences based upon the degree of impairment. By reviewing the evidence, including results indicated by blood alcohol tests, the team will be able to work toward the best possible outcome.
Source: motorists.org, “Breathalyzers Fail Legitimacy Test“, Accessed on June 16, 2017