Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

  1. Home
  2.  » 
  3. Criminal Defense
  4.  » 
  5. DUI & Vehicular Crimes
  6.  » Challenging Breath Test Evidence

Colorado DUI Defense: Challenging Breath Test Evidence

Breath tests are law enforcement’s most common means of determining driver intoxication. It is well-known that the type of DUI charge — and the severity of the penalty — is often determined to a great degree by blood alcohol concentration (BAC), which is usually quantified through roadside breath testing. Based on breath test evidence, driver’s licenses can be suspended, people can be ordered to pay high fines and be subject to insurance premium increases, and they can be sent to jail. With this much riding on tests, an effective defense against DUI charges should involve questioning the results.

At Pearson & Paris, P.C., our criminal defense attorneys provide aggressive representation in all types of DUI and vehicular criminal cases. In forming a defense strategy for you, we will always take into account the possibility that breath test, field sobriety test and blood test results may not be accurate. Contact us if you or a loved one has been charged with DUI.

Breath Testing Defense Attorneys With Scientific Insight

Law enforcement authorities and prosecutors rely on breath test evidence in a manner that assumes that the tests are scientifically accurate and unquestionable. Our attorneys believe that since breath tests involve fragile devices and fallible people — and since the tests concern complex biological and chemical factors like absorption Rates, metabolism, gas exchange and lung functioning — the results are not always accurate.

In defending our clients against DUI charges, we can challenge breath test evidence in numerous ways:

  • By relying heavily on private forensic toxicologists who can present a “second opinion” that contradicts the assumptions made by law enforcement and the prosecution
  • By questioning the functioning, calibration and certification of the specific Intoxilyzer 5000 device that was used at the time of arrest
  • By investigating the credentials of the officer or lab technician who processed the evidence
  • By exploring deviations that can render a test inaccurate
  • By challenging the viability of a particular breath sample

We can also help in cases where the refusal to take a breath test resulted in serious consequences for a driver.

Challenging Breath Test Evidence In Denver

Contact Pearson & Paris, P.C., at 303-872-4719 or toll free at 303-872-4719 to speak with a knowledgeable Colorado DUI defense lawyer. Regardless of the charges you are facing, we can help you understand your rights and options and pursue appropriate action on your behalf.