You're driving home after a night out with friends and get pulled over for a broken taillight.

One minute you're fishing out your registration, thinking you only had one beer the entire time, the next you're staring at a flashlight in your face while being asked to submit a roadside preliminary breath test (PBT).

It's every driver's nightmare: a DUI stop.

While you might think a breathalyzer result is the final word, the truth is far more complicated. Breathalyzers are not infallible. They are inherently flawed and can be wrong – shockingly often.

This is especially true here in Colorado Springs, where environmental factors such as radio frequency interference and even weather can affect the accuracy of these devices.

Let’s dive into the potential inaccuracies of breathalyzers and why fighting a breath test in Colorado Springs might be your best bet after a DUI arrest.

How Often Are Breathalyzers Wrong? Unmasking the Myth of Infallibility

We're conditioned to believe that breathalyzer devices are infallible, their readings undeniable. But that’s not the case, this perception is a dangerous myth.

Breathalyzers are medical devices, like all medical devices, they are susceptible to errors. Furthermore, the method by which these devices produce a measurable BAC indicates an inherent margin of error - more on this later.

So how often are breathalyzers wrong? While there's no single answer, studies have shown the margin of error can be significant. Some common factors influencing the accuracy of these devices include:

• Device Calibration: Breathalyzers must be calibrated regularly. Even slight discrepancies in calibration can lead to inaccurate readings.
• Human Error: Improper administration of the test, including not following proper procedures, can skew results.
• Environmental Factors: Altitude, temperature, humidity, and even radio frequency interference have all been said to affect breathalyzer readings. This is particularly relevant in Colorado Springs.
• Physiological Factors: Medical conditions like diabetes, GERD, and even low-carb diets can elevate blood alcohol content (BAC) readings without actual intoxication.
• Residual Mouth Alcohol: Have you ever used mouthwash or consumed a product containing alcohol shortly before driving? Residual mouth alcohol can create falsely high BAC readings from a DUI breath test.
• Alcohol Partition Ratio: Colorado uses a conversion factor known as a “partition ratio” of 2,100 to 1.

Breathalyzer tests are supposed to accurately measure a person's blood alcohol concentration (BAC) by analyzing their breath. They do this by measuring the alcohol in your breath and then calculating your blood alcohol content (BAC).

The problem is, that everyone's body processes alcohol differently. This means the breathalyzer's calculation might be incorrect because the rate at which alcohol is transferred from your blood to your lungs can vary from person to person.

This is referred to as the “partition ratio.” Let’s first look at law enforcement requirements, then we’ll dive back into the partition ratio factor.

Colorado DUI Breath Tests Requirements

Here's what you need to know about the requirements for a valid DUI breath test in Colorado:

• Certified Everything: The test must be conducted on a certified breathalyzer machine, in a certified laboratory, and by a certified operator.
• Two Samples, Close in Value: You'll be asked to provide two breath samples, and the results can't differ by more than 0.02 grams of alcohol per 100 milliliters of blood. The lower reading is the one used.
• Time Limit: The test must be administered within two hours of when you were driving.
• 20-Minute Wait: Before the test, you'll need to wait 20 minutes without eating, burping, vomiting, or putting anything in your mouth.
• Deep Breaths: You must blow deep breaths from your lungs into the machine.
• Clean Equipment: The operator is required to use a brand new, clean mouthpiece for each of your breath samples.
• Constant Observation: The operator must keep their eyes on you from the moment you begin until you complete the second breath sample - at least 20 minutes later.
• Proper Documentation: The operator will fill out an official report confirming the test was done correctly, and all printouts from the machine will be kept for at least five years.

These regulations are in place to ensure the accuracy and reliability of DUI breath tests conducted in Colorado. But that doesn’t mean these devices are infallible, and perfect mistake-free humans do not exist.

The Science Behind The Margin of Error in Breathalyzers

As we touched on earlier, your breath alcohol content is used to estimate the alcohol content in your blood.

In Colorado they use a simple rule: for every 2,100 milliliters of air you breathe out, the amount of alcohol found is considered equal to the amount of alcohol in just 1 milliliter of your blood.

This rule, called a "partition ratio," helps determine if you're legally intoxicated.

The idea behind this ratio is simple: the amount of alcohol found in a small sample of your breath (about the size of a large balloon) should directly reflect how much alcohol is present in a tiny drop of your blood.

But therein lies the problem.

There’s an inherent margin of error. This ratio assumes the amount of alcohol in a big breath (2,100 milliliters) directly translates to the amount of alcohol in a tiny drop of blood (1 milliliter). But that connection isn't always spot-on, which can lead to inaccurate results.

Law enforcement agencies use a device called an Intoxilyzer 9000 (I-9000) for evidential breath alcohol testing (EBAT). This device measures the amount of alcohol in a large sample of your breath. The I-9000 then uses this measurement to calculate your blood alcohol concentration (BAC), which is the amount of alcohol in your bloodstream.

While Colorado DUI blood tests reveal the exact amount of alcohol in your bloodstream, breathalyzer machines like the Intoxilyzer 9000 estimate your blood alcohol content (BAC). Instead of directly measuring blood alcohol, they analyze your breath.

Here's a simplified breakdown of how it works: the machine calculates the amount of alcohol in a large volume of your breath (210 liters or 2100 mL, to be exact) and then uses a formula to convert that into an estimated BAC.

This indirect method means that breath tests in Colorado DUI cases are not 100% accurate, 100% of the time. Even when operated correctly and under ideal circumstances, there's always a margin for error in the calculation.

Challenging a Breath Test in Colorado Springs: Why You Need an Experienced DUI Attorney

Because breathalyzer results are often presented as irrefutable evidence, many people plead guilty to DUI charges, unaware they have grounds to challenge the test's accuracy.

Getting charged with a DUI in Colorado doesn't automatically mean you're guilty. There are ways to fight the charge, especially if there are problems with the breathalyzer test.

These problems (for the police and prosecuting attorney) generally fall into two categories:

1. Mistakes made by the police officers, or human error.
2. Failing to comply with Colorado EBAT procedures.

Challenging the breathalyzer result is only one aspect of a comprehensive DUI defense strategy. Your attorney will also investigate other common elements, including but not limited to:

• Probable Cause for the Stop: Was there a legitimate reason for the officer to pull you over in the first place?
• Field Sobriety Tests: Were these tests administered correctly and fairly?
• Officer Conduct: Did the officer follow proper protocol during the arrest?

By meticulously examining every detail of your case, a skilled DUI attorney can expose weaknesses in the prosecution's case and fight for the best possible outcome for you.

Don't Let a Breathalyzer Test Define Your Future

Being arrested for DUI is a stressful and overwhelming experience. But remember: you have rights, and you are not alone.

If you've been charged with a DUI in Colorado Springs, don't let a potentially flawed breathalyzer test dictate your future. Contact an experienced DUI attorney immediately. They can provide the guidance and aggressive representation you need to protect your rights, challenge the evidence against you, and fight for your freedom.