Breath Testing (BAC Test)

Breath testing is one of the primary methods Colorado law enforcement officers use to obtain evidence in cases involving suspected alcohol-impaired driving. A breath test estimates a driver’s blood alcohol concentration, commonly called BAC, by measuring the amount of alcohol in a sample of the person’s breath. The test result may be used to support charges for driving under the influence, driving under the influence per se, driving while ability impaired, or underage drinking and driving.

Colorado uses two different types of breath-testing devices. An officer may use a preliminary breath test during a roadside investigation to help determine whether there is probable cause for an arrest. After an arrest, law enforcement may administer an evidential breath test on a certified instrument. Colorado’s Evidential Breath Alcohol Testing program currently maintains, calibrates, and certifies the Intoxilyzer 9000 instruments used throughout the state and trains officers who operate them.

A breath test reading can become an important part of a DUI prosecution, but it does not automatically establish guilt. Breath instruments do not directly analyze a person’s blood, and inaccurate results can occur when equipment, testing procedures, medical conditions, mouth alcohol, or other factors interfere with the test. A Colorado DUI defense attorney can investigate whether the test was legally requested, correctly administered, and scientifically reliable.

Denver Breath Testing Lawyer

If you were arrested for DUI after taking or refusing a breath test, it is important to begin reviewing the evidence as soon as possible. Breath-testing records, instrument data, body-camera footage, maintenance documents, and other evidence may reveal problems that are not apparent from the reported BAC result alone. You may also need to act quickly to protect your driving privileges through a separate proceeding with the Colorado Division of Motor Vehicles.

A DUI conviction can expose you to jail, fines, probation, community service, alcohol education and treatment, license consequences, ignition-interlock requirements, and increased insurance expenses. The consequences can also interfere with employment, professional licensing, education, and other personal or professional opportunities.

Colorado DUI defense attorney Matthew Martin at Denvers Defense Attorney can examine the breath-testing process and determine what defenses may apply to your case. Call 303.725.0017 today or fill out our online consultation form to schedule a free consultation.

Denvers Defense Attorney represents clients throughout the greater Denver area, including Denver, Boulder, Aurora, Westminster, Louisville, Englewood, Greeley, Parker, and Castle Rock.

Overview of DUI Breath Testing in Denver, Colorado

How Does DUI Breath Testing Work in Colorado?
Roadside Breath Tests Versus Evidential Breath Tests
When Is a Breath Test Used in a Colorado DUI Investigation?
What Do Breath Test Results Mean in Colorado?
Factors Impacting the Accuracy of DUI Breath Tests
Penalties for Refusing a Breath Test in Colorado
Can a Person Be Charged With DUI After Refusing a Breath Test?
Defenses to DUI Breath Test Evidence in Colorado
Frequently Asked Questions
Additional Resources

How Does DUI Breath Testing Work in Colorado?

Alcohol enters the bloodstream after it is consumed. As alcohol-containing blood circulates through the lungs, some alcohol passes into the air inside the lungs. When a person exhales, a breath-testing instrument analyzes the alcohol contained in the breath sample and uses that information to estimate the person’s blood alcohol concentration.

An evidential breath test is generally administered after a person has been arrested for an alcohol-related DUI offense. The driver is instructed to blow into a disposable mouthpiece connected to the testing instrument. The machine analyzes the breath sample and produces a reported BAC result that may be used in the criminal case and the related DMV proceeding.

Colorado’s evidential breath-testing instruments must be maintained and certified, and the officers operating them must receive appropriate training. The state’s Evidential Breath Alcohol Testing program repairs, calibrates, and certifies the Intoxilyzer 9000 devices used by Colorado law enforcement agencies. Certified operators must complete initial instruction, pass written and practical examinations, and complete refresher training.

The person administering the test must also follow established procedures intended to reduce the risk of contamination or an inaccurate result. This ordinarily includes observing the driver before testing and ensuring that events such as drinking, eating, smoking, vomiting, regurgitating, or placing something in the mouth do not compromise the breath sample.

Even when an instrument generates a numerical reading, that number remains an estimate of BAC rather than a direct analysis of the person’s blood. The reliability of the result depends on the instrument functioning correctly, the operator following all required procedures, and the breath sample being free from interfering substances.

Roadside Breath Tests Versus Evidential Breath Tests

A preliminary roadside breath test is not the same as the evidential breath test ordinarily administered after a DUI arrest. Officers may use a portable device during a traffic stop to help estimate whether a driver has consumed alcohol. The roadside result may contribute to the officer’s decision about whether probable cause exists to make an arrest, but portable devices are generally less controlled than evidential instruments.

For most adult drivers, taking a preliminary roadside breath test is generally voluntary. Refusing a roadside screening test is different from refusing a chemical blood or breath test after a lawful arrest under Colorado’s Express Consent Law. Drivers should not assume that the administrative penalties for a post-arrest chemical-test refusal automatically apply to every request to blow into a handheld device.

An evidential breath test is normally performed after arrest on an instrument approved for use in criminal and administrative proceedings. Colorado currently uses the Intoxilyzer 9000 for statewide evidential breath testing. The machine, operator qualifications, observation period, testing sequence, and supporting records can all become relevant when determining whether the reported result is admissible and reliable.

When Is a Breath Test Used in a Colorado DUI Investigation?

Breath testing is primarily used when an officer believes that alcohol contributed to a driver’s impairment. It does not ordinarily identify marijuana, prescription medications, illegal drugs, or other controlled substances. When an officer suspects drug impairment, blood testing may be used instead.

An alcohol-related DUI investigation may begin after an officer observes unsafe driving, responds to a crash, encounters a driver at a checkpoint, or investigates another alleged traffic violation. During the encounter, the officer may look for circumstances such as:

The odor of an alcoholic beverage;
Bloodshot, watery, or glassy eyes;
Slurred or unusually slow speech;
Difficulty locating documents or following instructions;
Unsteady balance or coordination;
Open alcohol containers;
Admissions concerning recent drinking;
Performance on voluntary roadside sobriety exercises; or
Results from a preliminary roadside breath test.

These observations may be used collectively to establish probable cause for an arrest. After a lawful arrest, Colorado’s Express Consent Law generally requires a driver to cooperate with an appropriate chemical test when an officer has reasonable grounds to believe the person drove under the influence or while impaired by alcohol, drugs, or both.

When alcohol is suspected, a driver may ordinarily be directed to complete an evidential breath or blood test. The available testing method can depend on the circumstances, including whether a working breath instrument is reasonably available, whether the driver can provide a valid breath sample, and whether officers also suspect drug use.

What Do Breath Test Results Mean in Colorado?

Colorado recognizes different BAC levels for different alcohol-related driving allegations. For most drivers who are at least 21 years old, a BAC of 0.08 or greater may support a charge of DUI per se. A DUI per se charge focuses on the measured alcohol concentration rather than requiring the prosecution to establish impairment solely through driving behavior or physical symptoms.

A BAC above 0.05 but below 0.08 may be relevant to a DWAI prosecution. DWAI applies when alcohol, drugs, or a combination of substances affect a person to the slightest degree so that the person is less able than ordinarily to exercise clear judgment, sufficient physical control, or due care while driving.

A result below 0.08 does not necessarily prevent prosecutors from filing an impaired-driving charge. The state may rely on officer observations, driving conduct, field sobriety exercises, statements, video evidence, and other circumstances to argue that the driver was impaired even though the person’s BAC was below the DUI per se threshold.

Different standards apply to commercial drivers and drivers younger than 21. Commercial drivers can face specialized consequences for alcohol-related conduct involving a commercial motor vehicle, while an underage driver may face an underage drinking and driving allegation at a BAC substantially below 0.08. Colorado’s current legislative summary identifies the principal DUI statutes and distinguishes DUI, DWAI, and underage drinking and driving.

Factors Impacting the Accuracy of DUI Breath Tests

An evidential breath test can produce useful evidence when a properly functioning instrument is operated correctly under appropriate conditions. However, no breath test is automatically accurate merely because a machine generated a numerical result. The device estimates BAC indirectly, and the validity of that estimate depends on several scientific and procedural assumptions.

Potential accuracy problems include the following:

Improper Calibration or Maintenance – Evidential breath instruments require recurring inspection, calibration, certification, and maintenance. A machine that was outside an acceptable accuracy range, overdue for required service, or experiencing unresolved errors may produce questionable results. Maintenance and certification records can help determine whether the instrument was functioning properly before and after the defendant’s test.

Mouth Alcohol – A breath instrument is intended to analyze air from deep within the lungs. Alcohol remaining in the mouth can produce a reading that is higher than the person’s actual BAC because the instrument may interpret concentrated mouth alcohol as alcohol contained in deep-lung breath. Mouth alcohol may result from drinking shortly before the test, belching, burping, vomiting, regurgitation, alcohol-containing mouth products, or dental appliances that trap liquid. Proper observation before the test is intended to identify events that might contaminate the sample.

Acid Reflux and GERD – Gastroesophageal reflux disease, commonly called GERD, can cause stomach contents or vapors to travel into the esophagus or mouth. If alcohol is present in those contents, the condition may introduce additional alcohol into the breath sample. Whether reflux affected a particular result depends on the person’s condition, symptoms, timing, and testing circumstances.

Operator Error – The officer must properly identify the driver, prepare the instrument, observe the person, obtain acceptable breath samples, and document the test. An operator who fails to follow required procedures may compromise the reliability of the result or create grounds to challenge the weight given to it.

Instrument or Software Problems – Breath-testing machines contain sensors, software, internal checks, and other components that must work together. Error messages, interrupted test sequences, unsuccessful controls, unusual sample data, or repairs near the testing date may raise questions about whether the result should be trusted.

Individual Physiological Differences – Breath instruments use generalized assumptions to estimate the relationship between alcohol in a breath sample and alcohol in the blood. Differences in body temperature, breathing pattern, lung capacity, metabolism, and other physiological characteristics may affect an individual result.

Timing of the Test – A person’s BAC changes as alcohol is absorbed and eliminated. If a test occurs after the person stopped driving, the result may not perfectly represent the BAC at the earlier time of operation. In some cases, the person’s alcohol level may still have been rising between the traffic stop and the evidential test. A defense attorney may review the instrument’s maintenance history, calibration and certification documents, operator credentials, test sequence, observation records, body-camera video, and surrounding medical evidence. Colorado’s EBAT program maintains and certifies statewide instruments and provides the regulatory and training framework relevant to this analysis.

Penalties for Refusing a Breath Test in Colorado

Colorado’s Express Consent Law imposes administrative consequences when a driver refuses a lawfully requested post-arrest chemical test. These DMV consequences are separate from the criminal DUI case. A driver may therefore face a license revocation based on an alleged refusal even if the DUI charge is later reduced or dismissed.

The general revocation periods for refusing a required blood or breath test are:

First refusal: One-year driver’s license revocation;
Second refusal: Two-year driver’s license revocation; and
Third or subsequent refusal: Three-year driver’s license revocation.

A refusal can also result in the driver being classified as a Persistent Drunk Driver and may create ignition-interlock, insurance, education, treatment, and reinstatement requirements. Colorado DMV guidance states that a person with a refusal may be eligible to apply for early reinstatement with an ignition-interlock device after serving two months of the revocation, provided the person meets the applicable requirements. Eligibility must be evaluated based on the driver’s age, residency, record, date of violation, and other circumstances.

The alleged refusal may also be admitted as evidence in the criminal prosecution. Prosecutors may argue that the person refused because they believed the test would produce an incriminating result. The defense may respond by presenting other explanations, such as confusion, inadequate advisement, medical inability, communication problems, or the driver’s attempt to cooperate with a different form of testing.

A motorist ordinarily has only a limited period to request a DMV hearing. Current Colorado DMV guidance states that a driver generally has seven days to request a hearing following an alcohol-related revocation notice. Failing to make a timely request may cause the revocation to take effect without a contested hearing.

Can a Person Be Charged With DUI After Refusing a Breath Test?

Refusing a chemical test does not prevent an officer from making an arrest or a prosecutor from filing charges. The state can pursue a DUI or DWAI case using evidence other than a breath-test result. That evidence may include the officer’s account of the driving, physical appearance, speech, balance, coordination, roadside testing, statements, video recordings, open containers, witness accounts, or involvement in a collision.

The prosecution may also use the alleged refusal itself as evidence. However, the absence of a chemical-test result can prevent the state from relying on a specific evidential breath reading. A defense attorney may challenge both the underlying impairment allegations and whether the defendant’s conduct legally amounted to a refusal.

Defenses to DUI Breath Test Evidence in Colorado

A result at or above the legal limit does not eliminate the defendant’s right to challenge the charge. The available defenses depend on the reason for the stop, the arrest, the test procedures, the instrument records, the driver’s medical history, and the remaining evidence.

The Traffic Stop Was Not Lawful – An officer must have a legally sufficient reason to stop a vehicle unless the encounter was otherwise lawful, such as at a properly operated checkpoint. A stop based only on an unsupported hunch may violate the Fourth Amendment. A defense attorney can examine dash-camera footage, body-camera recordings, dispatch information, reports, and witness accounts to determine whether the alleged traffic violation or suspicious driving actually occurred. If the court finds that the stop was unlawful, evidence obtained as a result, including the breath test, may be suppressed.

The Officer Did Not Have Probable Cause to Make a DUI Arrest – A lawful traffic stop does not automatically justify a DUI arrest. The officer must develop probable cause to believe that the driver committed an alcohol- or drug-related driving offense. The defense may challenge the officer’s interpretation of ordinary behavior as impairment. Red eyes may result from fatigue or allergies, unsteady movement may be caused by an injury, and nervousness may explain difficulty following instructions. Poor performance on roadside exercises may also have non-alcohol-related explanations.

Colorado’s Express Consent Requirements Were Not Satisfied – A post-arrest chemical-test request must comply with Colorado’s Express Consent Law. Issues may arise concerning whether the officer had reasonable grounds, whether the driver was properly advised, which test was offered, whether a test was reasonably available, and whether the officer accurately characterized the driver’s response. If officers failed to comply with the governing requirements, the defense may challenge the test evidence, the refusal allegation, or the resulting DMV revocation. Colorado’s DMV describes express consent as requiring chemical testing when an officer has reasonable grounds to believe the person drove while under the influence or while impaired.

The Officer Failed to Follow the Required Observation Procedure – Before collecting an evidential breath sample, the operator must take precautions against contamination by alcohol in the mouth. If the officer was distracted, left the room, did not continuously monitor the driver, or failed to respond to belching, vomiting, or regurgitation, the reliability of the result may be questioned. Body-camera footage and testing-room video may conflict with the written report. Even a test that appears valid on paper can become questionable when video shows that the officer did not follow the required procedure.

Mouth Alcohol Artificially Increased the Reading – Residual alcohol in the mouth can be much more concentrated than alcohol contained in deep-lung air. This may cause an instrument to report a BAC higher than the person’s actual blood alcohol level. The defense may investigate recent drinking, burping, vomiting, mouthwash, breath sprays, chewing products, dental work, dentures, retainers, or other circumstances capable of trapping or introducing alcohol into the mouth. Instrument data may also indicate an unusual breath profile consistent with contamination.

GERD, Acid Reflux, or Another Medical Condition Affected the Test – A driver with GERD, acid reflux, a hiatal hernia, or another gastrointestinal condition may experience the movement of stomach contents into the esophagus or mouth. When alcohol is present, this can create a mouth-alcohol issue during testing. Medical records, treatment history, medications, symptoms reported during the arrest, and video evidence may support this defense. Diabetes, restrictive diets, respiratory conditions, and other health issues may also be relevant depending on how they affected the test or the symptoms interpreted as intoxication.

The Instrument Was Not Properly Maintained or Certified – The prosecution must rely on a machine that was functioning appropriately. Maintenance documents may reveal failed accuracy checks, repair history, recurring error codes, overdue certifications, or other issues near the date of testing. An attorney may request the instrument’s records and compare the defendant’s result with tests performed before and after it. Evidence of unresolved equipment problems can undermine the weight or admissibility of the BAC result.

The Operator Was Not Properly Trained or Certified – Colorado requires evidential breath-test operators to complete approved training and maintain their qualifications. The EBAT program identifies initial coursework, written and practical testing, and annual refresher training for Intoxilyzer operators. Expired credentials, incomplete refresher training, or deviation from the operator’s training may be relevant to the defense. The attorney can compare the officer’s actual conduct with the procedures the officer was trained to follow.

The Breath Samples or Test Sequence Were Unreliable – A complete test record may contain more information than the final BAC number printed in a police report. Sample volume, duration, flow rate, internal checks, control results, error messages, and the consistency of multiple samples can all help determine whether the test was valid. Large differences between samples or irregular data may suggest contamination, an interrupted breath, equipment difficulty, or another reliability problem. A qualified expert may be able to interpret the raw data and explain why the reported result should not be accepted at face value.

The Driver’s BAC Was Still Rising – Alcohol is not absorbed into the bloodstream immediately. Depending on when and how much a person consumed, BAC may continue rising after driving has ended. A person may therefore have been below 0.08 while operating the vehicle but at or above 0.08 when tested later. Receipts, witness statements, video, the drinking timeline, food consumption, and the time between driving and testing may be important when evaluating a rising-BAC defense.

The Reported Result Does Not Match the Other Evidence – A high BAC result may be questionable when video shows safe driving, clear speech, steady movement, appropriate responses, and few outward signs of impairment. Although people display alcohol’s effects differently, a substantial conflict between the test and the remaining evidence can create reasonable doubt. The defense can compare the reported BAC with body-camera footage, booking video, witness testimony, field sobriety evidence, and the officer’s contemporaneous observations. Inconsistencies may support an argument that the instrument result was inaccurate or that the state has overstated its significance.

The Person Did Not Actually Refuse Testing – Refusal cases often involve disputed communication rather than an express statement that the driver would not cooperate. A person may have asked questions, requested a blood test, misunderstood the instructions, experienced a language barrier, or been physically unable to produce an acceptable breath sample. The officer’s report does not necessarily resolve whether a legal refusal occurred. Audio and video evidence may show that the driver attempted to cooperate or that the officer failed to clearly explain what was required.

A Medical Condition Prevented an Adequate Breath Sample – Asthma, chronic obstructive pulmonary disease, lung injuries, neurological conditions, panic symptoms, or other limitations may prevent a person from blowing long or forcefully enough to satisfy the machine. A failed attempt caused by a genuine medical limitation is not necessarily the same as an intentional refusal. Medical records and the testing video may show repeated good-faith efforts. The defense may argue that officers should have considered an alternative chemical test rather than treating physical inability as noncooperation.

The Prosecution Cannot Prove the Charge Beyond a Reasonable Doubt – Even when breath evidence is admitted, the prosecution retains the burden of proving every element of the charged offense beyond a reasonable doubt. A BAC result must be considered alongside the legality of the investigation, the timing of the test, the instrument’s reliability, the officer’s conduct, and all other evidence. Weaknesses in several areas may combine to create reasonable doubt. Depending on the case, the result may be suppression of evidence, dismissal, acquittal, or negotiation of a reduced charge.

Frequently Asked Questions

Is a roadside breath test mandatory in Colorado?
For most drivers who are at least 21, a preliminary breath test requested during a roadside investigation is generally voluntary. It is distinct from an evidential breath or blood test requested after a lawful DUI arrest under the Express Consent Law. Special rules may apply to underage drivers and particular investigative circumstances.

Is the handheld roadside device the same as the police-station breath test?
No. A portable roadside device is generally used as a screening tool during the officer’s investigation. An evidential test is performed after arrest on a state-approved instrument intended to produce a result for use in court and DMV proceedings.

Can I choose between a breath test and a blood test?
In an alcohol-related case, a driver is ordinarily offered an appropriate chemical test, and state law may allow a choice between breath and blood when both are reasonably available. The circumstances may limit that choice, including equipment availability, medical conditions, suspected drug use, or a driver’s inability to complete one type of test.

What is Colorado’s legal BAC limit?
For most drivers who are 21 or older, a BAC of 0.08 or greater can support a DUI per se charge. A BAC above 0.05 but below 0.08 may support an inference relevant to DWAI, and a person can still face an impairment charge based on other evidence. Lower standards apply in certain underage and commercial-driving cases.

Does blowing below 0.08 guarantee that I will not be charged?
No. Colorado prosecutors may pursue DWAI or DUI based on the totality of the evidence even when BAC is below 0.08. Driving behavior, physical symptoms, roadside exercises, statements, video, and suspected drug use can all affect the charging decision.

Can I be convicted solely because my breath result was 0.08 or higher?
A result of 0.08 or higher can support a DUI per se allegation, but the state must still establish that the test is admissible, reliable, connected to the defendant, and obtained within a legally relevant period. The defense may challenge the stop, arrest, testing process, instrument, operator, or relationship between the result and the time of driving.

Can mouthwash cause a high breath-test reading?
Alcohol-containing mouthwash can temporarily leave residual alcohol in the mouth. Proper observation before evidential testing is intended to allow mouth alcohol to dissipate and to prevent contamination. The timing of mouthwash use and whether required procedures were followed would be important.

Can burping or vomiting interfere with a breath test?
Yes. Burping, belching, vomiting, or regurgitation may bring alcohol-containing material from the stomach into the mouth. If this occurs during the observation period, the operator may need to take steps to ensure that the later sample is not contaminated.

Can acid reflux affect an evidential breath test?
It can under certain circumstances. GERD or acid reflux may move alcohol-containing stomach contents or vapors into the esophagus or mouth. A diagnosis alone does not establish that a particular test was wrong, but symptoms, timing, medical records, and video evidence may support a challenge.

How long after driving can law enforcement administer a breath test?
An evidential test is ordinarily administered after arrest as soon as reasonably practicable. A delay does not automatically invalidate the result, but it can make the relationship between the measured BAC and the BAC at the time of driving more difficult to establish. The timing may support a rising-BAC or other evidentiary challenge.

What happens if I cannot provide enough breath?
The officer may give additional instructions or allow another attempt. If the person genuinely cannot provide an adequate sample because of a medical condition or physical limitation, treating the failed attempt as a refusal may be disputed. The availability of an alternative blood test may also become relevant.

What happens if I refuse the evidential breath test?
A refusal may result in a one, two, or three year license revocation, depending on the person’s prior refusal history. It may also lead to Persistent Drunk Driver consequences, ignition-interlock and reinstatement requirements, and the refusal being introduced in the criminal case.

Can I drive during a refusal revocation?
Some eligible drivers may seek early reinstatement with an ignition-interlock-restricted license after serving the required period and satisfying the DMV’s other conditions. Colorado DMV guidance generally identifies a two-month waiting period for eligible refusals occurring on or after January 1, 2023. Eligibility should be confirmed directly with the DMV or an attorney.

How long do I have to request a DMV hearing?
Colorado DMV guidance generally provides seven days to request a hearing following notice of an alcohol-related license action. Because the administrative case is separate from the criminal prosecution, hiring an attorney or attending court does not automatically preserve the right to a DMV hearing.

Can an attorney obtain the breath machine’s records?
A defense attorney may seek testing records, certification documents, maintenance information, operator qualifications, body-camera footage, and other material relevant to the result. The available discovery and procedure depend on whether the records are sought for the court case, DMV hearing, or both.

Can breath-test evidence be excluded from court?
Potentially. Evidence may be suppressed or excluded when it resulted from an unconstitutional stop or arrest, violated applicable legal requirements, or fails to satisfy evidentiary standards. Other defects may not lead to complete exclusion but can still reduce the weight the judge or jury gives the result.

Do I need an attorney if the breath result was below 0.08?
A result below 0.08 does not eliminate the possibility of DWAI, DUI based on observed impairment, or another alcohol-related charge. An attorney can examine the entire investigation rather than focusing only on the reported BAC.

Additional Resources

Colorado Division of Motor Vehicles – Alcohol DUI – The Colorado DMV explains the Express Consent Law and provides information about the administrative consequences arising from an alcohol-related DUI arrest. The resource also distinguishes the license proceeding from the criminal court case.

Colorado Division of Motor Vehicles – DUI Administrative Process – The DMV’s administrative-process materials explain Express Consent hearings and how drivers may contest a proposed suspension or revocation. This proceeding determines driving privileges and operates separately from the criminal prosecution.

Colorado DMV – Early Reinstatement With Ignition Interlock – The DMV provides eligibility information for drivers seeking early reinstatement after certain BAC-related revocations or chemical-test refusals. The requirements may include an ignition-interlock device, SR-22 insurance, reinstatement fees, and alcohol education or treatment.

Colorado Department of Public Health and Environment – Evidential Breath Alcohol Testing – CDPHE’s Evidential Breath Alcohol Testing program repairs, calibrates, and certifies the Intoxilyzer 9000 instruments used throughout Colorado. The program also trains and certifies law enforcement operators and publishes documents governing evidential breath testing.

Colorado General Assembly – Colorado Drunk Driving Laws – The Colorado General Assembly publishes a summary of the state’s DUI, DUI per se, DWAI, underage drinking and driving, administrative penalties, and criminal penalties. The summary directs readers to the controlling provisions in Title 42 of the Colorado Revised Statutes.

Colorado Breath Testing Attorney | Denver, CO

A breath-test reading can have an immediate effect on your criminal case and your driving privileges, but it should not be assumed to be accurate without a complete investigation. The instrument’s condition, the operator’s qualifications, the observation procedure, the breath samples, the timing of the test, and the circumstances surrounding the stop and arrest may all affect the strength of the state’s evidence.

If you have been arrested for DUI after taking or refusing a breath test, Colorado DUI defense attorney Matthew Martin can review the evidence and explain your legal options. Acting promptly may also be essential because the DMV hearing deadline can arrive shortly after the arrest.

Call 303.725.0017 to schedule a free consultation with Denvers Defense Attorney. Your case will receive careful attention, and the firm will work to protect your license, record, reputation, and future.

The Law Office of Matthew A. Martin, P.C. represents clients throughout the greater Denver area, including Douglas County, Jefferson County, Adams County, Arapahoe County, Boulder County, Broomfield County, and Denver County.