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June 2015 Archives

What is the difference between DUI and DWAI?

In Colorado, there are two different types of criminal offenses involving the operation of a vehicle while under the influence of alcohol or drugs. While there are slight differences between the two offenses, it is important for the residents of El Paso County to remember that both of these constitute drunk driving charges, or drugged driving charges, and both can lead to serious penalties.

Defending against a faulty breath test

Last week's post discussed how breath test results can often turn out to be wrong. For example, a Breathalyzer machine might not be functioning properly or just may have not been calibrated correctly at the time of the test. Also, the operator may not use the machine properly. Finally, even if everything else is in order, sometimes the Breathalyzer can give a false impression that a Colorado resident was too drunk to drive.

Can common household items distort a breath test?

Many drivers in Colorado Springs may, even implicitly, believe that the Breathalyzer tests that police use to check a person's blood alcohol level are generally correct. In other words, so long as the machine has been properly maintained and calibrated and so long as the operator of the machine uses it correctly, people may assume that if the machine says someone drove over the legal limit, then that might be the case.

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