Legal Question in DUI Law in Colorado

Retesting breathalizer evidence sample

How does time affect the retest results of a breathalizer evidence sample? Does waiting longer to retest the sample make the results lower? (meaning:in January it would test around .065 and in April it would test around .049) How MUCH (about) does time affect the outcome? Lastly, how could I go about retesting the sample now, before retaining an attorney and before even talking to the DA?

Thank You in advance !!


Asked on 2/13/01, 2:51 pm

1 Answer from Attorneys

Jim Forslund Law Office of James C. Forslund

Re: Retesting breathalizer evidence sample

A delay will not cause the reading to go down. The method of obtaining the sample depends on the agency and the county. You should not obtain it yourself, due to chain of custody issues. You should talk to an attorney right away.

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Answered on 3/27/01, 7:15 am


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