I-9000 Breathalyzer Controversy – Part I

As of publication of this blog article, there is a big controversy going on in the State of Colorado over the I-9000 Breathalyzer (the breath machine police use to determine whether someone is under the influence of alcohol).

Here’s everything you need to know about what’s currently happening in this case and how it might affect any current or recent DUI convictions.

Background of the I-9000

Whenever anyone is pulled over for driving under the influence of alcohol, they will be offered the choice of taking a breath test (taken by blowing into the I-9000 machine) or a blood test. At this point, every breath test is based on the I-9000 – there are no other brands or versions of a breath test accepted by the Department of Health in the State of Colorado.

However, there is now substantial evidence that the I-9000 original certification was based on fraud.

Right now, there are multiple hearings going on throughout the state, although the main hearing is happening in Gilpin County, where the judge will spend more than a full day reviewing evidence of the alleged misconduct. Needless to say, if the judge finds that fraud was involved, it could have some serious repercussions.

If the I-9000 certification is found to be fraudulent, any breath test that was ever conducted on the machine could be determined as invalid. People who plead guilty could try to re-open their cases, and it could affect pending breath test cases as well.

It’s unclear just how far-reaching the results of the case could be. Currently, the judge hearing the case is a county court judge, so, theoretically, his ruling won’t be binding on other judges – although it’s logical to assume that even if other judges don’t follow his ruling, this case would be a template for conducting similar hearings around the state and country.

In sum, this is big news in the legal community and could very well affect many people who have dealt with DUI cases in the last couple of years.

In my next post, I will detail the alleged fraud that surrounds the I-9000. If you would like to read more about this case, see the articles below for reference.

If you have plead guilty to DUI alcohol and you were given a breathalyzer test, call our office to find out more about how this situation could affect your case. Call us today at 303-449-1873 to set up a free consultation.

Further Reading: