QUESTION
Can i change the record on appeal if it has been filed?
Asked on Mar 06th, 2021 on DUI/DWI - Colorado
More details to this question:
I filed an appeal in my district court however now I feel that one of my failed events at my dmv hearing could possibly be considered a false negative my bac lowered from .058 to .043 in 11 minutes is that possible for anybodys bac to lower that quickly?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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Miller & Harrison, LLC
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The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other. So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had.
Answered on Mar 08th, 2021 at 7:17 AM