• 12
  • February
    2012

Driving under the influence (DUI) is a serious crime in Colorado that carries serious penalties if you are convicted. Unfortunately, many who have been charged with DUI believe that they have no choice but to plead guilty if Breathalyzer results indicate that their blood alcohol content (BAC) was above 0.08 percent. As a recent situation in Philadelphia demonstrates, however, Breathalyzer results are not always as infallible as they may seem.

In March of last year, police in Philadelphia announced that four of their Breathalyzers had been miscalibrated between September 2009 and November 2010. As a result, police officers and the Philadelphia District Attorney's office reviewed over 2,000 DUI cases and determined that approximately 1,500 DUI defendants were entitled to a new trial.

The errors that occurred in Philadelphia could happen anywhere, even Denver. Experienced DUI attorneys know that it is possible to challenge results from even a properly calibrated Breathalyzer machine. Indeed, a Breathalyzer functions by making certain assumptions about a person's metabolism and body chemistry, factors that can vary among people according to a wide variety of factors. Furthermore, some studies indicate that alcohol is not absorbed into the blood stream until approximately 50 minutes after it is consumed, which means that Breathalyzer results may sometimes indicate a false positive.

Contact a Denver DUI Attorney

If you or someone you love has been charged with DUI, contact an experienced DUI attorney today. A lawyer with knowledge of DUI laws can assess your case and help you protect your rights. For more information, contact an attorney today.

Source: Philadelphia Inquirer, "Because of faulty Breathalyzer, Philly D.A. gives 1,500 another chance," Joseph A. Slobodzian.