There are several DUI cases that are being reviewed in Colorado that involve false readings from an Intoxilyzer-9000, the breathalyzer machine that Colorado law enforcement use to perform breath tests on would be DUI convictions.
Intoxilyzer-9000s are are not accurate from time to time, but their reports are often used as the main piece of evidence in the prosecutors case.
There have been several reports in Utah and Salt Lake City where DUI cases have been dismissed for inaccurate breathalyzer reports from Intoxilyzer-9000s.
When looking into a DUI case that I am going to defend one of the first things I do is look at whether the report from the Intoxilyzer-9000 is from a well maintained and properly calibrated machine. There have been several instances where I have gotten the case dismissed in Salt Lake City and in other areas of Utah because of false BAC reports from these machines.
It remains to be seen what will happen with the cases that are currently under review in Colorado. The judge is still reviewing dozens of cases where the Intoxilyzer-9000 gave elevated or false readings of people’s BAC.
If the reports are found to be false it could possible affect every DUI case and conviction in Colorado from 2015 to January of 2017.
This could start a new requirement that would bar any reports or readings from Intoxilyzer-9000s and if this becomes something not accepted in Colorado courts it could possibly affect what evidence can be used in Salt Lake City DUI cases and cases throughout the state of Utah.
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